Transcript Chapter 9: Organizations, Values, and Ethics

Clinicians in Court
Chapter 4: Preparations for
Legal Proceedings
by Allan Barsky (The Guilford Press)
Agenda
 Gathering Information
 Sensitive Information
 Decision to Call You as a Witness
 Signed Statement
 Preparing – What I Need to Know
 Preparing – Skills
 Preparing – Mentally
 Preparing a Client
 Cases Involving Children
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Gathering Information
Why might an attorney want to meet
with you prior to court?
Why might you want to ask for a
meeting with an attorney prior to
court?
How should you prepare for such a
meeting?
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Sensitive Information
Should you meet with a client prior to
meeting with the attorney? (what
advantages/disadvantages)
How would you deal with a client who
asks you not to reveal any sensitive
information (e.g., the client had an
“affair”)?
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Decision to Call You as a Witness
Credibility:
Motivation
Perception
Memory
Communication Skills
Case: Clinician has a caseload of 45 clients
and has difficulty remembering the accused
person in an upcoming trial, but the clinician
has great, detailed records.
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Signed Statement
 Case: Ms. Curio is an attorney who asks a
psychotherapist named Rolf to sign a statement
declaring that his client William “has been
attending anger management classes and has
made significant progress in control of his
anger.”
 Attorney suggests this will save Rolf time, as he
won’t have to testify in court
 What questions should Rolf ask?
 Should Rolf sign? Why/why not?
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Preparing for a Hearing: Knowledge
What do I need to know?
 Hearing Process
 Roles of Participants
 Rules of Evidence
 Admissibility – general rules and exceptions
 Direct/firsthand vs. Hearsay vs. Circumstantial
Evidence
 Testimonial vs. Documentary vs. Real Evidence
 Fact vs. Opinion Evidence
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Courtroom – Roles
and Set-Up
 Judge / Bench
 Attorneys / Bar
 Jury
 Court Clerk
 Court Reporter
 Parties
 Witnesses
 Witness Stand
 Audience
 Jury Box
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Preparation for a Hearing: Skills
 How can you display credibility?
 What types of language, body language, or gestures might
indicate:
 Dishonesty
 Uncertainty
 Lack of clarity
 Bias
Role-Play: Clinician who is a pathological liar is being questioned by
an attorney in a malpractice lawsuit against the clinician.
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Preparation for a Hearing: Mentally
Strategies
 Universal strategies for self-care, centering oneself, and coping
with stress
 proper diet
 good physical health and activity
 Rest, breathing exercises, meditation,
 Taking breaks from other stressful activities
 Positive self-talk,
 Using your support network)
 Identifying specific issues and problem solving [e.g., afraid of a
how client will react to your testimony; nervous about media]
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Preparing a Client
 Should you meet prior to hearing? Why/why not?
 What can and should you disclose to client?
 What are you prohibited from telling client?
Factors
 Respect for client
 Honesty and full disclosure
 Requests from court or attorney
 Potentially biasing client
 Client reactions
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015
Cases Involving Children
 Child as witness
 Credibility – memory, suggestibility, verbal skills,
vulnerability (emotional and risk of abuse/manipulation
by parents/others)
 Clinician providing information from child to court
 Clinical vs. Forensic Interviewing
 Avoiding bias
 Establishing safe environment
 Recording and reporting
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© Allan Barsky - Preparations for Legal Proceedings
7/16/2015