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Interacting with the legal system can be stressful and intimidating for mental health professionals. This trusted book provides user-friendly strategies to help clinicians prepare for testimony in court and other legal proceedings. Using vivid case scenarios from family law and other areas, the author explains legal terms and offers practical suggestions for avoiding pitfalls and managing ethical dilemmas. Clear guidelines are presented for record keeping, responding to subpoenas, preparing reports, and performing effectively on the stand as a fact witness or expert witness. Reproducible agreements and other sample documentation can be photocopied from the appendices or downloaded and printed in a convenient 8 112" x 11" size. New to this edition: incorporates updates in research, case law, statutes, and practice; examines the developing role of mental health professionals as forensic consultants; increased attention to ethical issues, such as dual relationships, professional boundaries, confidentiality, and competence; an appendix with reflection questions that extend the scope of each chapter; explores special issues that may arise in cases involving children; and supplemental materials for course use including an instructor's manual are available at the author's website.
Allan E. Barsky, JD, MSW, PhD, is Professor of Social Work at Florida Atlantic University, where he teaches graduate courses on professional ethics, conflict resolution, social work practice skills, and substance abuse. Dr. Barsky has practiced social work and mediation in settings that include the criminal court in New York and the family courts in New York, Toronto, and Fort Lauderdale. Widely published, Dr. Barsky serves on the National Ethics Committee of the National Association of Social Workers and is a past president of the Ontario Association for Family Mediation.
Table of Contents
2. Beginning with Yourself
3. First Contact
4. Preparation for Legal Proceedings
5. Oral Testimony at Trial
6. Clinical Records
7. Expert Witnesses
8. Documentary Evidence, with Diane Green
9. Claims against Clinicians
10. Alternatives and Precursors to Adjudication
A. Service Agreement for an Expert Witness for Review/Rebuttal Services
B. Fee Arrangement for an Expert Witness Who Is Called to Testify
C. Informed Consent to Participate in a Forensic Psychological Evaluation
D. Initial Letter to Attorneys after an Appointment Order
E. Sample Affidavit
F. Motion to Quash Subpoena
G. For Further Reflection
Websites for Legal Research
Professional Associations with Interest in Forensic Practice