Legal Question in Disability Law in Louisiana

Deposition of Mentally Impaired

My brother has been diagnosis with borderline mental retardation, affective disorder, moderate autism, disable and his ability to read and write is severely impacted. His impairments, both mentally and physically, are well documented. He is currently invovled in an Arbitration Dispute with JP Morgan Chase. The attorney for JP Morgan filed a motion to dispose my brother and was granted and order by the Arbitration Panel and full aware of his impairments. The motion to dispose was granted solely for the purpose to determine his literacy level and whether or not he can read and/or recognize words or symbols and the Panel consider this an ''unusual circumstance'' in ordering the motion under Notice to Members No. 99-90 and Arbitrator's Manual. Neither reference establish legal or binds legal presedence, but rather discretionary. Is there case law which delinates the rights of the disable to be deposed? My brother has been unable to retain an attorney because of his financial situation. Any assistance would be greatly appreciated.

Army Officer

Major, United States Army (R)

Medical Service Corps


Asked on 6/02/06, 10:06 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Deposition of Mentally Impaired

As far as I'm aware, there are no special rules

or case law(at least in the Commonwealth) which relate to deposing the mentally impaired or handicapped. However, the mere idea that a person with this type of handicap would be undergoing such a legal exercise without the benefit of counsel at his side approaches the absurd.

Your brother should look into the possibilty of securing counsel from one of the numerous low

cost legal service providers in his area. A disability based discrimination lawsuit can be complicated enough even for an attorney experienced in these matters. A person with

borderline retardation prosecuting and winning such a suit without benefit of counsel would be one in a billion(in my view).

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Answered on 6/04/06, 10:15 am


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