For those who are not aware, the Mental Health Panel Member Accreditation is a quality standard provided by the Law Society and allows practitioners to represent patients in proceedings under the Mental Health Act 1983.
After what can only be described as the most nail-biting wait for results that I have ever experienced, I was pleased to receive an email on 30 August 2024 informing me I had passed my Mental Health Panel Accreditation.
So, following a year (and a few months) of being a Mental Health Accredited Panel Member, I thought now would be a good opportunity to reflect on some of the lessons I have learnt.
Each case is different
One of the things I love most about this job is that every case is different, and as a result every day is different and never boring!
One day I could be doing what can only be described as a tour of the South West of England, attending all manner of different hospitals to visit clients, the next day in a Tribunal for my client, or even having one of those rarely sighted admin days!
There is no telling what experiences a case can bring or who I might meet. For example, while two clients might have the same diagnosis, such as Paranoid Schizophrenia, their experiences of that illness are completely different. So, in each case you learn more about these ever-increasingly diagnosed mental illnesses and the experiences of those who live through these illnesses.
Even best laid case plans can go out the window
Each case requires a personalised case plan, not one client is ever the same. There might be similarities but there is no “one size fits all” plan for a case.
I may spend hours reviewing reports, drafting a Tribunal plan and have a closing argument prepared that puts my client’s case across in the best way possible.
However, I get to the day of the hearing, speak to the client and they may provide me with a complete 180-degree flip on their previous instructions. That plan I have spent time on drafting, is then no longer relevant. Sometimes, it might be that the client now wants to withdraw their application because they don’t want to proceed with their appeal. Other times the client’s views about something have changed, potentially rendering a lot of my preparation redundant.
So, one of the key things I have learnt is, as an advocate, that you need to be flexible and able to think on your feet because anything could change in an instant. I’ve learnt that it’s important to have faith in my ability, I know the law, I know my clients and so it’s simply a matter of applying that.
Judges are human too
This may sound daft, but I have realised, Judges are humans too. It is understandable to be nervous when speaking to a Judge; after all a courtroom can be an intimidating place.
However, one of the important things to remember is that the Judge has been in your shoes, they understand the pressures of the legal profession and how it feels to be training. The Judge is not
sat there waiting to catch you out, but instead to ensure that procedure is followed and the law is applied justly.
I can’t count how many times Judges have been kind enough to guide and encourage me in any way they possibly can, even if it was talking through the options I may have at my disposal. Equally, on occasion I have guided the Judge in some issues within my cases.
So, Judges may seem scary and the thought of speaking to them or saying you are unsure feels daunting. However, we must always remember that they are there to assist and guide us.
Building relationships is important
Building relationships with clients, Mental Health Act Administrators, Independent Mental Health Advocates and other professionals is as important as having a strong understanding of the law.
Mental Health Act Administrators are key to ensuring processes are navigated smoothly and that we can meet the best interests of the client. These administrators can be key in notifying us of patients who want our assistance, providing documentation we need and ensuring that the preparation before a hearing goes smoothly.
Independent Mental Health Advocates can signpost patients to us when they require legal assistance, they can also be key in ensuring that the patient understands their rights before we even become involved. Advocates can often have longstanding relationships with a patient and can also support us with building that rapport ourselves.
Developing collaborative working relationships with these professionals can make our lives significantly easier and ensure that everyone is working in the best interests of the client. Developing these relationships can be as simple as saying thank you in response to an email with documents or a “hope you are well” at the beginning of an email.
Lastly, developing a relationship with our clients is at the heart of our job and what I love most. By far my favourite part of my job are the client visits, these provide a key part in case preparation, where we are provided our instructions from the client on their case. However, they also provide a chance for us to talk and listen to our client. Sometimes my clients may be miles away from their family, may not have had any visits during their admission or may have a strained relationship with their family. Therefore, our visits can be something our clients really look forward. So, I regularly find myself engaging in conversations about topics our clients are interested in, playing a quick game of table football or table tennis because this extra time spent with my client can make their day.
As I say to my clients after a visit, if I haven’t made them smile at least once then I am not doing my job properly.
Every day is a school day
As we all know the law is continually changing and therefore the constant learning experience comes with the job. Especially, as a trainee solicitor.
Oftentimes, I have found myself feeling that because I have my accreditation, I should be perfect or know everything about Mental Health Law, even though I am aware I am a trainee solicitor. However, the clue is in the job title, trainee. Therefore, despite my accreditation, I am still in the process of learning, a process that will continue throughout my legal journey.
I have learnt it is ok not to know the answers immediately; it is ok to ask for help from colleagues, it is ok to still be trying to find the best way to complete different tasks or manage my time. I have learnt to embrace amendments or feedback because all these learning points support my development and will contribute towards becoming a well-rounded future Solicitor.
There are plenty of other reflective points I could make about my first year (and a few months) as an Accredited Panel Member. However, I hope these points have given an overview of how special the beginning of this journey has been for me.
I can, hand on heart, say I am looking forward to what the future holds in this truly unique job.