The Portable Guide to Testifying in Court for Mental Health Professionals An A-Z Guide to Being an Effective Witness

by Bernstein, Barton E.; Hartsell, Thomas L.

• ISBN13: 9780471465522
• ISBN10: 0471465526
• Edition: 1st
• Format: Paperback
• Copyright: 2005-07-13
• Publisher: Wiley

Summary

A one-stop guide to testifying in court for mental health professionalsEven the most seasoned mental health professionals can find themselves unnerved by the prospect of appearing in court, especially when presented with it for the first time. Those in the mental health field usually have no formal preparation for testifying in court, even though they often play an important part in many types of cases.The Portable Guide to Testifying in Court for Mental Health Professionals provides a concise yet comprehensive guide for practitioners preparing to appear in court. The authors employ their combined decades of legal work in the mental health field to provide a clear, no-nonsense handbook of what to expect, how to prepare, and what to look out for when testifying in court.Along with a general introduction to courts and the legal system, the text details topics such as: Testifying both as an expert and involuntary witness Protecting clients when bringing therapy into testimony Preparing for testimony Tips to use and lawyers' tricks to look out for when testifying in court Throughout the book, Bernstein and Hartsell use detailed case studies to provide specific examples. In addition, "legal light bulbs" offer important tips and facts, and appendices list relevant Web resources and provide common legal forms.A one-of-a-kind resource, The Portable Guide to Testifying in Court for Mental Health Professionals gives a complete view of your role in courtroom proceedings, offering a vital tool for both legal and mental health practices.

Author Biography

BARTON E. BERNSTEIN, JD, LMSW, is an attorney in private practice. He is also an adjunct professor at The University of Texas at Arlington and a licensed master social worker.

THOMAS L. HARTSELL Jr., JD, is an attorney and mediator in private practice and an adjunct professor at Southern Methodist University and North Lake College.
Together, the authors have coauthored The Portable Lawyer for Mental Health Professionals, now in its second edition, and The Portable Ethicist for Mental Health Professionals (both from Wiley). They conduct workshops and seminars across the United States.

Table of Contents

PART I THE JUDICIAL SYSTEM
Our System of Justice	3	(15)
Involvement in the Judicial System	18	(6)
Lawyers: Their Functions	24	(8)
The Expert Witness	32	(11)
PART II TESTIMONY VERSUS THERAPY
Therapist: Two Different Roles	43	(6)
Ethics	49	(13)
Confidentiality	62	(7)
Resolving Conflicts before They Escalate	69	(10)
PART III PREPARING FOR TESTIMONY
Subpoenas	79	(11)
Preparing for Discovery	90	(7)
Preparing ``Ask Me'' Questions for the Lawyer	97	(8)
Preparing for Deposition Testimony	105	(9)
Preparing for Courtroom Testimony	114	(9)
PART IV IN THE COURTROOM
Testimony Tips	123	(10)
Lawyers' Tricks	133	(7)
Challenges to the Expert Witness: The Daubert Case	140	(13)
PART V THE EXPERT WITNESS'S TOOLS
The Resume: Your Introduction to the Court	153	(5)
Contracts	158	(8)
Making Sure You Are Compensated	166	(8)
What to Do If You Are Sued	174	(13)
PART VI OTHER EXPERT WITNESSES
The School Counselor as a Courtroom Witness	187	(11)
The Forensic Expert	198	(11)
Appendix A Useful Web Sites	209	(2)
Appendix B Useful Forms	211	(42)
Example of a Motion to Quash Subpoena	211	(2)
Example of a Motion for Entry of a Protective Order	213	(3)
Example of a Qualified Protective Order	216	(3)
Authorization for the Use and Disclosure of Protected Health Information	219	(2)
Checklist for Deposition Testimony	221	(7)
Checklist for Direct Examination for Courtroom Testimony	228	(7)
Checklist for Cross-Examination	235	(3)
List of Federal Cases Involving Daubert Challenges of Mental Health Professionals	238	(2)
Trial Vita (Sample Form)	240	(1)
Employee Evaluation Information and Consent Form	241	(4)
Home Study Information and Consent Form	245	(4)
Contract for Forensic Services and Information and Consent Form	249	(4)
Index	253