Trial or deposition can be a bloodbath if a Forensic Psychiatrist or Psychologist’s expert opinions are sullied by questionable or inept practices.
I assist attorneys to prepare, defend, sidestep or exploit weaknesses and maximize the strengths of their own Experts, exclusive to mental health fields and the other guy’s. Sloppy reporting, misrepresentation of credentials, even marketing strategies that don’t pass the smell test can discredit testimony.
Let’s dodge the same dangerous waters.
Trial is a bad time to learn your expert lost a malpractice suit or advertised in a Plaintiff-weighted expert directory. Having to file a last-minute Motion in Limine about your expert will take a hit to your trial budget. Opposing counsel’s failure to file a Motion in Limine might be a boon to your case if you don’t miss it.
When I review and research the reports, practices and professional behavior of a forensic psychiatrist or psychologist-or help select such a professional, I watch for vulnerability to challenges and opinions diminished. Attorneys tell me there’s no substitute for the impartial eagle eye for inconsistencies and missteps. I concur. But get someone who knows the industry.
ALSO, An expert’s back office mistakes can be as costly. Claims against the Expert of dodgy billing or overcharging are low hanging fruit in cross-examination, and can turn a jury.
Retaining the right expert: I consult with attorneys to avoid common mistakes, e.g., plaintiff’s counsel retaining plaintiff’s therapist as an Expert Witness; pursuing a psychologist to opine about medication they are unqualified to prescribe. I help find appropriately qualified Experts and make recommendations.
30 years in trenches in law and forensic psychiatry (not a lawyer or doctor–a case team member). Hard earned experience is applied to my expertise about the use of an expert witness to effective trial strategy when faced with the forensic opinion of a psychiatrist or psychologist.