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

by Barsky, Allan E.; Gould, Jonathan W.

• ISBN13: 9781572307889
• ISBN10: 1572307889
• Edition: 1st
• Format: Hardcover
• Copyright: 2002-08-15
• Publisher: The Guilford Press

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