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.
Table of Contents
1. Introduction
2. Beginning with Yourself
3. First Contact
4. Preparation for Legal Proceedings
5. Oral Testimony at an Adjudication
6. Clinical Records
7. Expert Witnesses
8. Documentary Evidence
9. Claims against Clinicians
10. Alternatives to Adjudication
11. Conclusion
Epilogue
Glossary of Legal Terms
Appendices:
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.