Mastering Mental Health Evaluations: Insider Tips for Attorneys with Criminal Defense Lawyer Marcia G. Shein

Mental Disabilities and the Criminal Justice System

In this episode, Elizabeth Kelley interviews Criminal Defense Lawyer Marcia G. Shein. The two discuss essential components of good mental health evaluations, how an attorney can be particularly sensitive to red flags, and practical aspects for newer attorneys in cases such as these. Attorney Shein is the author of the chapter entitled “Mitigation” in the upcoming 2nd edition of Elizabeth’s book, Representing People with Mental Disabilities published by the American Bar Association.

In this episode:

• What red flags Attorney Shein looks for to see if a forensic evaluation is in order

• How her master’s degree in psychology makes her more alert to issues that people may have, and how an average practitioner can be particularly sensitive to the red flags

• Where she looks for specific qualified experts, and what she is looking for in them

• What essential components she looks for in a good evaluation, and how she effectively uses the report for purposes of mitigation

• Why most lawyers are hesitant in presenting mitigating factors

• Practical aspects for newer attorneys in terms of achieving records and waivers, bringing in mental health experts

• Why it’s important that attorneys use their instincts and intuition in addition to listening to their clients

Marcia G. Shein is a nationally recognized attorney in matters of federal trial, plea, sentencing mitigation, appellate, and post conviction litigation. She has consulted with some of the best federal criminal defense attorneys in the nation on these matters as well as at trial to protect case mitigation issues for sentencing and appeal should the client be convicted. She has a Master’s Degree in Psychology from Nova University and was a family therapist before becoming an attorney. Attorney Shein is a life member of NACDL and Past President of the Georgia Association of Criminal Defense Lawyers. She has written numerous articles that have appeared in publications such as The Champion, The Federal Lawyer, and The Georgia Defender. These articles discuss topics such as the Federal Sentencing Guidelines, mental health issues, post Traumatic Stress Disorder, and treatments. She has represented clients from Alaska to Maine as well as beyond U.S. borders in complicated federal criminal cases.

Attorney Shein has served as an adjunct instructor of legal and psychology courses for the Criminal Justice Programs for Broward Community College and Nova University in Florida, Troy State University in Alabama, and Kaplan University in Chicago.

Attorney Shein's office is located at 2392 North Decatur Road, Decatur, GA 30033. 404-633-3797 (voice).

Website: https://federalcriminallawcenter.com/ Book: https://www.amazon.com/Love-Lies-Marcia-Shein/dp/1480988847

Disclaimer: Anything discussed in this episode is not legal advice, but commentary on experience.