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Clinicians in Court A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know,9781572307889

Clinicians in Court A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know

by ;
Edition:
1st
ISBN13:

9781572307889

ISBN10:
1572307889
Format:
Hardcover
Pub. Date:
8/15/2002
Publisher(s):
The Guilford Press
List Price: $58.67
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  • Clinicians in Court, Second Edition A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know
    Clinicians in Court, Second Edition A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know




Summary

Mental health professionals are often called on to give evidence or expert testimony in a range of circumstances, including family law and child welfare trials, mental health hearings, malpractice lawsuits, criminal trials, government hearings, and private arbitration.This volume provides practical information and proven guidelines to help clinicians from any background understand their role in legal proceedings--and participate effectively, ethically, and with minimal stress. Including case examples that illustrate each stage of the legal process, the book describes how to respond to subpoenas or contacts from lawyers; what to do to prepare for particular court actions or adjudicative proceedings; and how to ensure that all documentation is complete and legally admissible and confidentiality requirements are met. Also presented is valuable advice on avoiding legal pitfalls and coping with challenging situations on and off the witness stand. Special features include helpful checklists; samples of affidavits, retainer agreements, and other materials that can be adapted for use in the reader's own practice; and a glossary of relevant legal terms.

Author Biography

Allan E. Barsky, JD, MSW, PhD, is Professor of Social Work at Florida Atlantic University in Boca Raton, where he teaches graduate courses in conflict resolution, professional ethics, and substance abuse. Dr. Barsky has practiced social work and mediation in legal settings that include the criminal court in New York and the family courts in New York, Toronto, and Ft. Lauderdale, Florida. He is a past president of the Ontario Association for Family Mediation and former National Board Member of the Network for Conflict Resolution Canada. The author of several books and numerous articles, he has presented his research at conferences around the world.

Jonathan W. Gould, PhD, is in private practice in Charlotte, North Carolina, where he is a principal in the Charlotte Psychotherapy and Consultation Group. The author of two books and numerous articles, Dr. Gould has presented numerous workshops and seminars for clinical and legal audiences. His interests focus on developing more scientific approaches to child custody evaluations, defining role boundaries between clinical and forensic treatment, and applying forensic methods and procedures to child custody evaluations.

Table of Contents

Prologue 1(4)
Introduction
5(19)
Case Study
11(1)
Court and Other Adjudicative Hearings
12(1)
Concepts of Justice and Procedural Fairness
13(2)
Initiating the Process
15(2)
Pretrial Processes
17(1)
The Trial
18(1)
Deciding
19(1)
Appeals
20(1)
Other Tribunals
21(2)
Overview
23(1)
Beginning with Yourself
24(18)
Experiences, Attitudes, and Triggers
25(1)
Roles
26(2)
Commonalities, Conflicts, and Moving Beyond
28(13)
Conclusion
41(1)
First Contact
42(29)
Contacted to Be a Witness or to Provide Information
42(7)
A Client Complains
49(2)
Selecting an Attorney
51(2)
Confidentiality Privilege, and Exceptions
53(16)
Conclusion
69(2)
Preparation for Legal Proceedings
71(35)
Gathering Information
72(6)
Sensitive Information
78(1)
The Decision to Call You as a Witness
79(2)
Signed Statements
81(1)
Preparing for a Hearing
82(18)
Mental Preparation
100(1)
Preparing Your Clients
101(5)
Oral Testimony at an Adjudication
106(26)
Direct Examination
107(2)
Ten Rules of Testifying
109(9)
Cross-Examination
118(10)
Hearings without Attorneys
128(1)
Technology and Providing Evidence
128(1)
After the Cross
129(3)
Clinical Records
132(15)
The Organization of Records
133(4)
The Contents of Records
137(3)
Clients' Rights
140(1)
Using Records at a Hearing
141(2)
Thwarting Disclosure
143(4)
Expert Witnesses
147(41)
The Roles of Experts
148(6)
Admitting Expert Evidence
154(6)
Selecting Experts
160(3)
Contract for Services
163(6)
Direct Examination
169(8)
Cross-Examination
177(6)
Reliability and Validity
183(5)
Documentary Evidence
188(13)
Types of Documentary Evidence
189(3)
Elements of Reports
192(5)
Proofing Your Report
197(1)
The Use of Language
198(3)
Claims against Clinicians
201(9)
Court Actions
202(2)
Disciplinary Hearings
204(1)
Avoiding Malpractice Actions
205(2)
Testifying
207(1)
Costs of a Defense
208(1)
Research Needs
208(2)
Alternatives to Adjudication
210(10)
Pretrial Disclosures
210(5)
Pretrial Settlement Conferences
215(1)
Administrative Tribunals
215(2)
Legislative Hearings
217(1)
Collaborative Processes
218(2)
Conclusion
220(3)
Epilogue 223(2)
Glossary 225(6)
Appendices 231(16)
A. Service Agreement for an Expert Witness for Review/Rebuttal Services
232(1)
B. Fee Arrangement for an Expert Witness Who Is Called to Testify
233(1)
C. Informed Consent to Participate in a Forensic Psychological Evaluation
234(7)
D. Initial Letter to Attorneys after an Appointment Order
241(2)
E. Sample Affidavit
243(4)
References 247(6)
Index 253


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