ABSTRACT Since 2004 in Australia, there has been a significant amount of interest in the issues of lawyers and mental illness. As a result there is now a substantial body of literature that examines legal education and its links to lawyer distress. In the profession, there has been a growing awareness of lawyer mental illness and the growth of professional development and lawyer support. Less attention, however has been paid to the links between mental illness and misconduct and the ways in which mental illness is treated in disciplinary proceedings. This article seeks to address this gap by examining cases of disciplinary misconduct over the past 10 years in which mental illness is raised as a causal or a contributing factor. We have found that the law relating to mental illness and misconduct is still developing. Our analysis finds that courts and tribunals are, overall, sensitive to lawyer mental illness and that they are achieving an appropriate balance between the rights of the lawyer and protecting those of the public and the reputation of the legal profession. The paper will draw out the principles currently being used by the courts to assess the effects and implications of a lawyer’s mental illness on claims of misconduct.

中文翻译：

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律师、精神疾病、录取和不当行为

摘要 自 2004 年以来，澳大利亚对律师和精神疾病问题产生了极大的兴趣。因此，现在有大量文献研究法律教育及其与律师困境的联系。在行业中，对律师精神疾病的认识不断增强，专业发展和律师支持也有所增长。然而，对精神疾病和不当行为之间的联系以及在纪律处分程序中对待精神疾病的方式的关注较少。本文试图通过审查过去 10 年中将精神疾病作为因果或促成因素提出的纪律不端行为案例来弥补这一差距。我们发现有关精神疾病和不当行为的法律仍在制定中。我们的分析发现，总体而言，法院和法庭对律师的精神疾病很敏感，并且他们正在律师的权利与保护公众的权利以及法律职业声誉之间取得适当的平衡。该文件将列出法院目前用于评估律师精神疾病对不当行为索赔的影响和影响的原则。