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A perceived lack of credibility

As discussed above, clients may not disclose that they have a mental illness, due to a fear of stigma. One manifestation of the stigma surrounding mental illness raised in this report is that people with a mental illness are often viewed as being less credible. Stakeholders interviewed for this study reported that some lawyers find people with a mental illness less credible, and are therefore less inclined to believe what they say.¹¹⁷ This may act as a barrier, if a solicitor dismisses a client’s claim because they don’t believe them.

If somebody comes across as obviously mentally ill, then I think quite often they can be dismissed and not really get through the door. The attitude is, “I just want to get rid of this person”.¹¹⁸

That fundamental sort of credibility issue that they face trying to access the service is difficult. Because they are vulnerable, because it’s apparent they have a mental illness, if you do pursue the matter their credibility is already in question.¹¹⁹

Two non-legal service providers felt that it is sometimes difficult for lawyers to determine what part of their client’s version of events is reality, and what part is fictitious.¹²⁰ The difficulty faced by some people with a mental illness in communicating their issues in a coherent and logical manner can further impact on how seriously they are taken by lawyers.¹²¹

A disability awareness trainer who provides training on working with people with a mental illness argued that it is important for legal service providers to be aware that people with a mental illness are not necessarily deliberately lying or being misleading, but that what they are saying is an honest reflection of their current reality.¹²² One CLC worker argued that it is important for lawyers to deliver a legal service to their client, to the best of their ability, regardless of how much of the client’s story seems “real”:

If I find someone and I am suspicious that this is related to a mental illness, even if I think the story is completely far-fetched and made up, I just give the legal advice. It is much simpler to just say, “Look, this is the legal advice,” and you are respecting that person’s understanding of the situation, by [giving] them legal advice. Because somewhere in there, there may well be something. And also, contacting us may be the only form of contact and information they get.¹²³

This was reiterated by a solicitor from PWD, who commented that people who are mentally ill sometimes just need lawyers to give them a chance and attempt to understand their situation and provide them with legal assistance:

What the person needed was someone who actually sat down and said, “Well I’ll give you a chance … you know it doesn’t look good, but I’ll go through it with you.”¹²⁴