Nina Allison v. Robert Dar-Teh Liou, et al.
SocialSecurity
Whether the Americans with Disabilities Act requires courts to provide accommodations for undiagnosed mental disabilities of attorneys?
QUESTION PRESENTED This Petition involves the issue of attorneys with undiagnosed mental disabilities, not being properly accommodated by the court in order to effectively advocate for their client. According to Institute of Mental Health, The Numbers Count, Mental Disorders in America; “One in four American adults suffers from a diagnosable mental disorder.” Lawyers are among these Americans and suffer from mental illness at alarmingly higher rates than the general population. Despite the commonality and significance of mental illness in the legal profession, lawyers do not often discuss mental illness and i mental well-being. Even with programs like the California Lawyer Assistance Program (“LAP”), many practicing lawyers remain undiagnosed and are unwilling to receive help, League of California Cities, Mental illness in the legal. Mental illness in the legal profession is an important and relevant topic that has garnered an increasing amount of media attention in recent years. A 1990 John Hopkins University study found that out of over 100 occupations, lawyers lead the nation with the highest incidence of depression. Eaton, Occupations and the Prevalence of Major Depressive Disorder (1990) ili 32(11) Journal of Occupation Medicine 1079-1087. In this case, on January 4, 2019, the Superior Court for the County of Los Angeles, CA entered a judgment in favor of defendants and against the plaintiffs [Petitioner] holding that plaintiffs will take nothing by way of their third amended complaint against defendants. On March 5, 2019, the then attorney of record (hereinafter Counsel) filed a timely notice of appeal on behalf of Petitioner. At that time counsel was suffering from undiagnosed Post Traumatic Stress Disorder and PostConcussion Syndrome which were causing loss of memory and iv concentration. On October 17, 2019, because of his underlying mental illness counsel believed that he had filed the designation of record on _ appeal; however, it was not correct. A motion pursuant to California Penal Code § 473 was filed accompanied by the counsel’s sworn affidavit attesting to his undiagnosed mental illness. The motion was denied by Court of Appeals of the State of California, Second Appellate District. Petitioner appealed to the Supreme Court of California. The State Supreme Court denied the petition for review without opinion. This petition asks, whether the v Americans with Disability Amendment Act requires the courts to provide accommodations for undiagnosed mental disabilities of attorneys? And if so, what?