1. Court Preparation and Testimony for Therapists or What You Need to Know Before You Go to Court

2. I. Why You Might Be Called
Fact v. Expert witness
B. Judge v. Attorney requesting you
C. Types of cases most likely for therapists 1. CHINS
2. Custody & Parenting Time
3. Criminal
D. Why a letter is not enough
Fact v expert witness: what you have first hand knowledge of differs from specialized knowledge. Even though you are a therapist and may have specialized knowledge, you are usually called not for recommendations, but for something you have directly observed of the client. One side or the other may want recommendations from you, but you need to be careful to stay within the limits of your role.

3. II. Natural Resistance of Helping Professional to Giving Courtroom Testimony
Lack of training in graduate school
Lack of experience of academics
Lack of understanding usefulness of court
D. Journal articles suggest therapist should not recommend
HOW MANY OF YOU HAD TRAINING IN THIS IN SCHOOL? Never mentioned in my graduate training SO FIRST X IN COURT TOTALLY UNPREPARED.
think one of reasons for this is that often academics have never been in court.
Court is the only place decisions can be made. If you are concerned about bad decisions in custody, Dhins, etc. court is the only place those decisions can be changed. Of course, sometimes there isn’t an option because it doesn’t meet the legal standard: you are concerned about the child in the care of a parent, but it doesn’t really meet the legal standard to modify parenting time. It’s just not a good situation but is not causing physical or emotional harm. My experience is often therapists choose either extreme: I hate going to court so I’m just never going. Or conversely, going to court and going beyond their role- giving dx of other parties in case, saying what the parties did when only third hand, not stating clearly your source of information. Giving recommendations with too limited sources of information.
D. Because the roles are different: therapist is client v. attorney or court is client
Therapist patient privilege v no privilege
Therapist is generally accepting, supportive v objective, detached, neutral
Helping relationship v adversarial
Therapy techniques for treatment v forensic evaluation techniques relevant to legal issue
Less structured or structured by pt v examiner structured
Little scrutiny v information verified w collateral sources, scrutinized by court
Goals different- HELPING V INFORMATIVE; impact of critical judgment may impair therapeutic relationship

4. III. Before Court A. Good office practices in keeping notes
B. Expect the unexpected
C. Figure out who is going to call you and talk to the attorney if at all possible
D. Review your notes
E. Releases

5. IV. During Court A brief description of a trial A. Direct and cross
B. Burden of proof
C. Separation of witnesses
D. Trier of fact

6. IV. During Court Limitations A. Source of information
B. Confidentiality / Protecting a source
C. Lack of knowledge – case as a whole
D. Identifying your role

7. IV. During Court Mindset of the witness A. Balance B. Tell the truth
C. Respect limitations
D. Remain non-defensive

8. IV. During Court Techniques on Direct
A. Look right at the judge or jury
B. Be fair and accurate
C. Be respectful of all parties

9. IV. During Court Techniques on Cross A. Answer question asked
B. Don’t let attorney put words into your mouth
C. Hypothetical questions
D. Ask for clarification when necessary

10. V. After Court Techniques on Cross A. Relationship with client
B. Feedback
You may need to discuss w client prior to court what you would say, some possible information which the client could find harmful or embarrassing to be shared.
You may wish to discuss w them that by sharing this info yu will meet the test of credibility rather than saying only positive.
Whe you can, useful to discuss after the case, how they felt, their feedback to you. Explanation of why you answered way you did, how future tx may be impacted, etc.

11. VI. Role Play