Mental Health Referrals From Lawyers: Mental Health Support for Legal Proceedings
August 24, 2025
The legal process can be challenging in an all-consuming way. You may be in conflict with loved ones, facing up to a painful mistake, or fighting to prove innocence. As a result, legal proceedings can make people suffer psychosomatic health symptoms, feel pessimistic about the future, and have poor strategies for looking after their health.5
Fortunately, you can get mental health support for legal proceedings. Your lawyer will be able to refer you to a provider, either of your choice or someone recommended by them.
Alternatively, some people will be ordered by the courts to meet with mental health professionals, either before or after sentencing. While these referrals can be influenced by your lawyer, they’re ultimately ordered by a judge.
If you’re currently involved in the justice system and would like to understand more about mental health referrals from lawyers, this article can help by exploring:
Voluntary and mandatory reasons for lawyers referring clients to mental health professionals- What a mental health evaluation looks at
- The types of mandatory mental health treatment ordered by courts
- How voluntary mental health referrals from lawyers work, and the different types
Why Lawyers Might Make Mental Health Referrals
There are many reasons why clients may need mental health support for legal proceedings.
It may be that the proceedings themselves are taking an emotional toll. For instance, research finds that particularly long, drawn-out legal proceedings can have a significant impact on the health of both plaintiffs and defendants. It found these people were more likely to struggle to care for their health, experience psychosomatic symptoms, and feel pessimistic about life.5
Additionally, things like custody disputes, divorce negotiations, and criminal charges can be tremendously stressful. Many people may need therapeutic support, separate from legal counsel, to get through the experience.
If lawyers do refer their clients to mental health professionals, the referrals can result in better outcomes. For example, in the case of family disputes, therapists who specialize in family dynamics can support good communication and negotiations. For this reason, therapy for court or legal cases can actually help clients come to amicable agreements.1
In other cases, clients may have pre-existing mental health conditions that are relevant to their charges and influence the outcomes of court proceedings. For instance, if they committed theft due to an impulse control issue or are thought to be incompetent to stand trial. In situations such as these, someone may be required to engage in mental health support as part of their sentence or have an evaluation before being sentenced.
The mental health professionals who assist with this support are often forensic psychologists. Instead of working therapeutically, they carry out evaluations and present evidence and recommendations to the judge.2
What Is a Mental Health Evaluation for Legal Proceedings?
A mental health evaluation for legal requirements can feel daunting, but it’s the best way to secure a fair outcome in court. It typically consists of a few interviews and tests that look for different things. For example:
Appearance: For instance, significant weight loss or gain, or evidence of self-harm- Behavior: Signs of distress, agitation, uncooperativeness, or mania may stem from symptoms of a mental health condition
- Motor activity: An inability to sit still can indicate issues like ADHD
- Speech: Speech patterns and styles can indicate mania or intoxication
- Mood: Typically determined by the individual’s own words, transcribed by the clinician
- Affect: People may seem happy, irritated, flat, bizarre, euphoric, and so on. Clinicians will observe whether their affect is different to their stated mood
- Thought processes: Such as whether these are flighty, loose, or disorganized, as this may be a sign of psychosis
- Thought content: Clinicians will want to determine whether someone has delusions or suicidal thoughts
- Perceptions: Whether someone may be experiencing hallucinations
- Cognition: A clinician will observe an individual’s alertness, awareness of the situation, and ability to concentrate
- Insight: If someone has a good understanding of their own condition and situation or not
- Judgment: Someone’s ability to make good decisions (for example, in relation to taking medication) will be extremely important to the clinician’s evaluation of them3
Lawyers should ensure that evaluations can be carried out accurately. For instance, if their client is not fluent in English or is medically ill, this can prevent them from understanding the questions put to them.3
Types of Mandatory Mental Health Support for Legal Proceedings
When mental health care is part of legal compliance, treatment will be specifically catered to your legal proceedings. Whether they’re part of your sentencing or to be carried out before a trial can take place, you may have to engage in one of the following:
A mental health evaluation: If the court requires you to undergo a mental health evaluation, this is carried out by a forensic psychologist who works for the court. As mentioned, they won’t provide mental health treatment, and your sessions with them will be mandatory. They’ll be an important witness in securing the outcome that the court decides on, being tasked with evaluating your mental health and making a recommendation to the judge.2- Therapy: If individual therapy is ordered as part of your sentencing, this can vary depending on your charges. For example, it may be specifically designed to treat people with impulsivity issues or a certain mental health condition.
- Anger management: These classes are for people who struggle with rage and aggression. Their offenses may be related to anger, and these classes can help them manage this issue more effectively.4
- Support groups: Support groups can be powerfully therapeutic, allowing individuals to talk through feelings and coping strategies with people who have similar life experiences.4
- Residential programs: Residential programs for court-ordered mental health treatment may be necessary if the judge discerns that you are at risk of harming yourself or others. For instance, you may be currently unable to look after yourself and require 24-hour care while you get better.
While your legal representation can advocate on your behalf for a specific program or provider, the referral is ultimately carried out by the court.
Types of Voluntary Mental Health Support for Legal Proceedings
There are many types of mental health services to support you during legal proceedings, and the best one will depend on your specific circumstances. Your lawyer may help you access one of the following:
Individual therapy: The most straightforward lawyer referrals for mental health treatment are those for one to one support, as it only involves you. This may be suitable if you’re navigating criminal charges and experiencing issues like anxiety or shame. Whether you meet with a therapist or psychologist, they can help you process your emotions, which can then make it easier for you to face legal proceedings.- Families and couple’s counselling: A common referral in legal proceedings is for families and couples. Whether legal issues are to do with disputes concerning divorce, custody, or adoption, the legal process can put a great deal of strain on families. Family therapists and couples counselors are able to open up communication channels and improve understanding between individuals. They can help partners or family members to resolve conflicts in healthy ways, which can make legal negotiations much easier.1
- Social workers: Your lawyer may refer you to a social worker, who can provide a slightly different kind of support. They’re able to connect individuals and families to community services and help support a child’s development or family dynamics. For example, they could help a separating couple develop a co-parenting plan.1
- Psychiatrists: If you have a mental health condition that requires medication, your lawyer may be able to refer you to a psychiatrist. These professionals have been to medical school and studied the biological factors behind mental health. They can prescribe medications to help you manage your condition and ease the strain of legal proceedings.1
How Lawyers Refer Clients to Mental Health Programs
There isn’t an overly formal process for mental health referrals from lawyers. If you decide with your legal counsel that you need professional mental health support, they may either recommend a service they trust or contact them on your behalf. Plus, if you’re working with a family lawyer, they could work closely with family therapists and have good contacts they trust to refer you to.1
If the mental health referral is mandated by the judge, the process will likely be more formal. For instance, you might either meet with a court-appointed professional for an evaluation or be ordered to attend a treatment provider as part of your sentencing. In the latter case, you may be required to return to court to provide updates on your progress in whatever therapy you’ve been attending. Your lawyer should be able to advocate for you during this process.
Mission Connection: Get Support for Legal Proceedings Today
Whether you’re having a hard time processing the events that have led to court proceedings or wishing to speak to someone about what you’re going through, Mission Connection can help. We offer a range of therapeutic services that can fit around your schedule flexibly. Residential support is also an option, ensuring that your needs and safety are prioritized with round the clock supervision and care.
We offer therapy for trauma, anxiety, anger, psychosis, and depression, among many other conditions. Not only can our licensed therapists support you through your legal battle, but they can also help you build long-lasting tools, tailored to your needs, for healing mental health difficulties. Get in touch today to inquire about our treatments.
References
- How family lawyers and mental health professionals can work together. (2025, April 18). Truce Law. https://trucelaw.com/how-family-lawyers-and-mental-health-professionals-can-work-together/
- Greenwald, T. A. (2022, May 11). Various roles of a mental health professional in custody cases | GBA. Goranson Bain Ausley. https://gbfamilylaw.com/blogs/different-roles-of-a-mental-health-professional-in-custody-cases/
- Voss, R. M., & Das, J. M. (2024). Mental status examination. In StatPearls. StatPearls Publishing. https://www.ncbi.nlm.nih.gov/books/NBK546682/
- Court-ordered therapy. (n.d.). Psychology Today. https://www.psychologytoday.com/us/basics/therapy/court-ordered-therapy
- Clemente, M., & Padilla-Racero, D. (2020). The effects of the justice system on mental health. Psychiatry, Psychology and Law, 27(5), 1–15. https://doi.org/10.1080/13218719.2020.1751327
