For a defense attorney, requesting a competency evaluation can be stressful. Trust is fundamental to the attorney-client relationship, but there is rarely enough time to build a great deal of rapport, especially for public defenders. Questioning a person’s mental state risks losing the small amount of hard-earned trust you’ve managed to gain. Fortunately, this risk can be mitigated or even turned into an opportunity for collaboration.
Attorneys may be tempted to file a motion for a competency evaluation without discussing it with the client, but this decision is almost guaranteed to be received poorly. While the decision is not the client’s to make, a simple conversation can help the client understand why the evaluation is the right thing to do. Good communication can help ensure that this difficult conversation does not become an argument.
Good communication in this context is about attitude rather than specific words or techniques. It is important to reframe the situation in your own mind so that you can speak honestly and openly. Some mentally ill individuals are extremely perceptive, and the slightest indication of disingenuousness will be met with distrust. When you genuinely believe what you’re saying, the client is far more likely to trust you.
Questioning competency is not the same as questioning intelligence. Some individuals benefit from reassurance that their intelligence is not in question. Similarly, individuals may need reassurance that their honesty and credibility are not being doubted. Finally, some individuals need to be reassured that requesting a competency evaluation does not mean they are “crazy” or that their experiences are invalid.
Everyone has the same rights under the Constitution, including the right to a fair trial. Raising the question of competency is a vitally important mechanism to help protect an individual’s rights. Incarcerating an incompetent individual is inhumane and illegal, but it is a challenging situation to remedy. Questioning competency can help prevent such injustices.
Like anyone, mentally ill individuals have agency and deserve to be part of important conversations, but not every client will be easily convinced that a competency evaluation is the right thing to do. Acknowledge the difference in opinion, and offer reassurance that you’re working to protect them. Take responsibility for your part. Don’t try to shift the blame. Acknowledge and accept their reaction, especially if they are upset. Face the situation together rather than making a unilateral decision about them. It may not be easy at first, but in time this type of conversation will become natural, and you’ll almost certainly find that your clients come to trust you for your honesty and direct communication.