expert witness

[Peacemaker36]

I have been approached to be an expert witness in a court case. I have testified in court but not as an expert witness. Is this the kind of thing a clinical psychologist is qualified to do without specific training? And can anyone recommend a good book on this subject?

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[WisNeuro]

In what capacity would you be serving as an expert? Record review? IME? Topic expert? Etc?

 

[PsyDr]

Do you know the rules of court? FRE 702? What is the reproducible method by which you are creating your opinion? Is your state daubert or frye?

You can do whatever you want, but you're going to get eviscerated if you don't know what you're doing.

 

[Peacemaker36]

Topic expert. They are looking for someone to support a diagnosis and to describe symptoms of that diagnosis.

 

[WisNeuro]

Topic expert. They are looking for someone to support a diagnosis and to describe symptoms of that diagnosis.

If they are looking for support for a diagnosis, it sounds like you will be doing some review of a patient file, this will move you beyond topic expert.

 

[Sanman]

Are being contacted by Johnny Deep or Amber Heard's attorneys?

Seriously though, the experts have weighed in above me. Before you dip a toe into the forensic realm, I would speak to your malpractice insurance about how this might affect your rates.

 

[Peacemaker36]

Do you know the rules of court? FRE 702? What is the reproducible method by which you are creating your opinion? Is your state daubert or frye?

You can do whatever you want, but you're going to get eviscerated if you don't know what you're doing.

Thank you for pointing out some of the things I have no awareness of. This is helpful. I'm not sure what being eviscerated would look like but I am sure it would be unpleasant! I certainly don't want to pay more for malpractice insurance.

What is the typical path for someone who becomes an expert witness?

Maybe I should contact Johnny Depp's expert, she seemed like she knew what she was doing.

 

[smalltownpsych]

Unless you want to specialize in this I would recommend staying away from it. We get pulled in a lot of different directions as psychologists and we like to be helpful, but staying focused on what is our scope of practice is pretty key. Also, sometimes they are trying to get you to do something on the cheap that should be well-compensated.

 

[smalltownpsych]

Thank you for pointing out some of the things I have no awareness of. This is helpful. I'm not sure what being eviscerated would look like but I am sure it would be unpleasant! I certainly don't want to pay more for malpractice insurance.

What is the typical path for someone who becomes an expert witness?

Maybe I should contact Johnny Depp's expert, she seemed like she knew what she was doing.

I would think assessment expertise is key, but also some research interests might help. I find it really challenging to shift hats from my role as a psychotherapist treating patients into one of evaluating or testifying even when it is not about my patients. I know one of the experts on the trial said she did it 50/50, don't think that would work for me. Just throwing in my two cents, obviously others here have a lot more expertise in this arena which is also why I leave it to them.

 

[WisNeuro]

At the very least, I would be talking to people who do legal work before getting involved in any way. I'd also want to make sure I have an attorney of my own who I can consult with, who knows healthcare.

 

[Sanman]

CEs on these topics might be helpful. I have an interest some forensic work (specifically geriatric testamentary/decisional capacity) and have found some courses and readings that can be done in this area.

 

[PsyDr]

Thank you for pointing out some of the things I have no awareness of. This is helpful. I'm not sure what being eviscerated would look like but I am sure it would be unpleasant! I certainly don't want to pay more for malpractice insurance.

What is the typical path for someone who becomes an expert witness?

Maybe I should contact Johnny Depp's expert, she seemed like she knew what she was doing.

My general thoughts

1) The legal profession operates along certain rules. Learn those rules before you start. I referenced two fundamental things that would help you learn those rules.
2) The legal profession has their own lingo. Learn that lingo before you start. For example, the legal world uses the term "reliable" to refer to what we refer to as "valid". Think about how that one linguistic difference could impact your testimony. Blacks law dictionary would be an essential purchase.
3) The legal world keeps a database on expert witnesses' effectiveness. If you are bad at testifying, you don't get hired.
4) Malpractice is a non-issue. You need E&O insurance. And you need to know why that is.
5) I have no idea. I fell into my own thing. Probably read all of Brodsky's books, 2-3 books on the forensic psychology board prep list, and then get supervision from a qualified psychologist as required by the ethics code.