For such work with that agency, he was the recipient of the Civil Libertarian of the Year Award by the San Diego Chapter of the American Civil Liberties Union. Therefore, your first impression must be strong and positive. Although some therapists and counselors [...], … Therapists and counselors are sometimes exposed to the rigors of testifying in court or at a deposition. Cloudflare Ray ID: 5e8e8b1fadf31eeb Never look at your lawyer or the judge for help answering a question. The reasons for this are wide-ranging. If the error was not fixed, but first disclosed in testimony, questions would be raised about the reason for not making corrections as soon as one or more errors were discovered. Remember your mother telling you that you can never take back your first impression? Disability Language: How Much Does It Matter? Knowing what to expect can make the difference between getting flustered and leaving the courtroom knowing you have played a valuable role in the legal process, say DeMatteo and other psychologists experienced in psycholegal issues. Someone will be unhappy with what you have to report. Don’t let mistakes linger. Speak loud enough to be heard and slow enough to be understood. Therapists and counselors are often warned, in preparation for testimony, that they should not attempt to verbally duel with the opposing attorney, While cross-examination of the practitioner may make it seem as though the practitioner may have done something wrong, the patient’s attorney will often be able to offer a simple explanation (either in a closing statement or argument, or through examination of the practitioner … Amy Slotek “The provision of human dignity” Legal Aid Ontario staff lawyer and Sounds Times project lead, Amy Slotek, discusses her lengthy history in fighting for human rights, her time spent working with an NGO […], Download file | Play in new window | Duration: 00:47:28 | Recorded on 2020-02-07 | Speaker: Amy Slotek, Subscribe: iTunes | Stitcher | Google Play | Spotify, Ontario law would make it harder to sue over COVID-19 bramptonguardian.com/news-story/102… via @@BmptGuardian, MAG has advised that an OPS employee who works at the Brampton Courthouse has tested positive for COVID-19. If you are called or choose to do expert work, I would advise getting an experienced peer to provide some guidance. Do not answer a question if there is an objection.

I am so thankful I found Sean as he was there for me when I needed help. Do not memorize what you’re going to say: it will come across and forced and contrived notwithstanding it may be the complete truth. Yes, I am an experienced professional in the custody world, and know what I’m supposed to do. Sitting with arms crossed can be seen as a defensive posture; scratching your head can be interpreted as a sign of confusion. ", On Being an Expert Witness: It's Not About You Testifying is not something where you can “wing it”. Mental health professionals are not schooled or trained in legal matters and are often quite ignorant of the laws and statutes that govern their jurisdiction with respect to child custody and parental rights. Juries look to subtle cues and are interpret weakness or insecurity as signs of guilt.  Confidence, not arrogance, is essential to proper courtroom behaviour. He was successful in extending the laws of psychotherapist-patient privilege to MFTs, thereby giving patients the same level of privacy protection as when seeing a psychiatrist or psychologist. Suits or work attire is recommended. Reviewing the records is an important part of the preparation. Cross-examination questions can be trickier to predict, but tend to focus on the limitations of your expertise, procedures or conclusions, such as, "Isn't it true that you cannot be 100 percent certain in your conclusion in this case?" • He also sat with the CAMFT Ethics Committee and acted as their advisor on matters pertaining to the enforcement of ethical standards. He was director of Government Relations for CAMFT, and as such was the architect of CAMFT’s widely regarded and successful legislative agenda. He is highly regarded for his judgment, his expertise, his direct style, and his clarity. Although some therapists and counselors [...] Mental Health. Now let’s talk about how to get through it. This kind of poor documentation can lead to a complaint or a lawsuit from the disgruntled patient. Currently, about half of the licensed marriage and family therapists in the country are licensed in California. Richard was admitted to the Bar in New York (1969) and in California (1973). Richard S. Leslie is an attorney who has practiced at the intersection of law and psychotherapy for the past twenty-five years. Prior to testifying, review any previous statements you have made in the case. This common sense advice remains the very best recommendation for any witness taking the stand. After so many years of appearing in court, I’ve received calls from frantic colleagues time and again and find myself shepherding them through the ins and outs of how to be a witness in Family and Supreme Court. If you've never testified before, visit the courtroom ahead of time and practice walking up to the witness stand from where you'll be seated as a way to reduce your anxiety, says DeMatteo. Investigation and Intervention: Forensic Art Therapy, Who the Hell Are You? With two million people getting divorced yearly in the United States, it makes for many potential legal cases. The attorney will simply establish that the therapist reviewed the records in anticipation of litigation, which is a reasonable thing to do. Flaws in the professional conduct and performance of psychologists are therefore often exposed during court proceedings. Do not ask the judge if you have to answer a question you find distasteful. I cannot begin to express how highly I value Sean and his professional team. Most recently, he was a consultant to the American Association for Marriage and Family Therapy (AAMFT), where he worked with their various state divisions to develop and implement their legislative agendas. Testifying whether in court or in a deposition is not the arena that one should enter into without preparation, unless of course you don’t mind the mousetrap. If, on the other hand, you’ve elected to do custody evaluations as part of your professional work, understand that it can be a thankless job. In most cases, attorneys can subpoena the therapist’s files and records. Feel supported. A therapist or counselor must be prepared to testify in court or at a deposition, under oath. Practitioners must be clear on what they know and what they do not know, and must testify to the truth – as they see it (in their professional opinion). Dictate the pace. Either way, it’s not a happy place for the mental health professional, whether it be a psychiatrist, a psychologist, a social worker, or a counselor. Why? If a lawyers asks you if you have talked to anyone about this case – that may be a trick question – tell them the truth. Let me fill you in on something: Anxiety before testimony is normal. Usually, the opposing attorney will pursue a variety of strategies to make the plaintiff’s (the patient) witness (the practitioner) look bad, or at least to impeach his or her credibility. Having had clients in common, I would not hesitate to recommend Sean Robichaud or his team to anyone facing criminal charges. From an ethical and legal point of view, a mental health practitioner should keep that amount of records that is consistent with sound [...], The issues that are discussed in this article are not new, nor are they limited to occurring in the current economic condition existing [...], Do You Know Your ABC’s…?


You may need to download version 2.0 now from the Chrome Web Store. Although some therapists and counselors may not like to testify, and may find it disruptive to their practices, there is sometimes no choice. "They wonder, ‘Do I really have the expertise to be testifying in court?'". He was a regular presenter at workshops and was consistently evaluated as CAMFT’s most highly rated presenter. When an error was found, the natural instinct was to fix the error. If you don’t know the answer to a question, don’t let that get you nervous. Or the divorce may be initiated because of behavior that requires a court’s attention, like abuse, violence, deceit about money, or manipulation of the children. "Listen to questions very carefully and feel comfortable and assertive correcting what's wrong," adds Dan Murrie, PhD, of the University of Virginia. "‘Blowing them away' with complicated verbiage and sophisticated theories just encourages juries to dismiss an expert's input," he says. Excellent firm. Individual Mental & Allied Health Professional Liability Highlights, Loss Information and Medical Conditions Supplement Forms: Wellness & Fitness, Printable Applications: Health & Wellness, Printable Applications: Mental and Allied Health, Richard S. Leslie, J.D., Attorney at Law: Services, Special Event Insurance – Coverage Highlights, Client Death, Suicide Risks or Criminal Acts, Group, Couple or Collateral Counseling / Therapy, Mental Health & Wellness, Fun Facts and Seasonal Events, Termination of Employment OR Client Relations.
This is often easier than getting a therapist to take the stand. 10 Simple Tips to Testifying In Court. Fortunately, with proper preparation and understanding of the procedures, expectations, and limitations of the examiner, your experience as a witness need not be dreaded.   To assist witnesses who will testify before a Court, I have compiled a helpful summary of the things one ought to know before testifying. Be prepared.

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