forensic_practice_issues_08 - 1 Practice and Professional...

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Unformatted text preview: 1 Practice and Professional Issues in Forensic Neuropsychology July 31, 2008 2 Sources of Referrals Retained by individual attorney Retained communication primarily to one side communication can usually (but not always) be discovered by other side can role is varied, depending on referral role Retained by court Retained communication equally directed to both sides communication technically, opinion is for trier of fact technically, More complicated referrals where it isn’t clear More isn’ 3 Initial Contacts agree as to the business aspects of your activity agree fees fees retainer/prepayment retainer/prepayment letter of protection – AVOID! letter clarify your role clarify your obtain the information you need; don’t be bashful about making demands for records that aren’t present obtain don’ aren’ educate as to your capabilities educate as discuss your modus operandi discuss 4 Some thoughts about fees Established rates for forensic v. ‘treater’ roles: Should they be different? (Yes) Established treater’ Prepayment and retainers are preferred over billed services Prepayment Door-to-door agreements common, but not for sleeping Door- toGet written agreement in advance (often, attorney will have to consult client); get signature from both Get consult attorneys Do not sign a “letter of protection” Do protection” 5 Practice and Professional Issues Third party observers Third Release of test data Release Payment for forensic services Payment Changing roles Changing Disclosing tests beforehand Disclosing Celebrity death matches – the Physics of forensic work Celebrity 6 Practice Issue #1: Third Party Observers Case Scenario: You are retained by the defense to perform an “independent neuropsychological examination”, and the plaintiff’s attorney wants to be present personally, with a court reporter, a videotape, or an audiotape. WHAT ARE THE ISSUES WHAT DO YOU DO? ISSUES What does Florida law currently say? Social facilitation/inhibition Breaches of test security 7 Practice Issue #1 (cont’d): Presence of Third Parties During Evaluation (cont’ Issues public domain release validity concerns demand characteristics impeachment and accuracy concerns 8 Practice Issue #1 (cont’d): Third Party Observers Recent developments: G-PIPE Amicus in Berman (TPO) G-PIPE Amicus in Piccolo (TPO with videotape retained) Broader issues If neuropsychologists refuse, what effect does that have on defense’s rights to an IME? If qualified neuropsychologists refuse, who will do the evaluations? Trained vs. untrained TPO’s Resolutions People vs. video vs. audio Sharing TPO data only with psychologists? Trained TPO’s? 9 Practice Issue #2: Release of Psychological Data Case Scenario: You perform a neuropsychological evaluation at the request of Attorney A. Attorney B subpoenas your entire file, : including all of the data and test forms WHAT ARE THE ISSUES? WHAT DO YOU DO? ISSUES: public domain issue public misuse by untrained parties misuse copyright infringement copyright 10 Sharing of Raw Data Raw data governed by several doctrines Raw APA ethical principles APA HIPAA HIPAA Copyright issues Copyright See (D40/APPCN/AACN) test release document See Insist on releasing to licensed psychologist (resist other MHP) Insist If court ordered, request it to be sealed or “in camera” If camera” 11 12 Practice Issue #3: Changing Roles Case Scenario: You are the therapist for a patient who subsequently gets into a complicated custody battle. The patient’s attorney asks you to testify as an expert witness WHAT ARE THE ISSUES WHAT DO YOU DO? ISSUES Transition from advocacy to expert role Therapy information protected 13 Practice Issue #4: Giving the examinee advanced notice Case scenario: You are retained by defense attorney A. Plaintiff’s attorney B demands that you name the specific tests you will use to evaluate plaintiff in advance of the evaluation. . WHAT ARE THE ISSUES? WHAT DO YOU DO? ISSUES: Allows the plaintiff to prepare for examination Allows plaintiff’s expert to object to individual tests, putting each test ‘on trial’ 14 Practice Issue #5: Critiquing Another Psychologist Case Scenario: an attorney tries to retain you, not to provide an independent evaluation but to stay in the background and help the attorney attack a psychological evaluation that was already performed by another psychologist WHAT ARE THE ISSUES? WHAT SHOULD YOU DO? ISSUES Misdirects appropriate source of corrective action Public perception of profession Critiquing psychologist v. conceptualization 15 Evaluation Proper Keep to the referral question, but let your judgment be your guide Keep Document everything, including ‘trivial’ matters, telephone contacts, correspondence, etc., Document trivial’ because you may be asked to testify about this, or reconstruct it, later it, Retain everything until case is over (even if your office floods, like mine has!) Retain until Keep a running account of time spent as you go Keep 16 Evaluation Proper Develop rationale for your testing approach: know specifically why you have selected particular tests and Develop deleted others; use background information from this course as a guide; know as much as you can about test operating characteristics Be psychometric-savvy: keep a norms notebook, a reprint file, or other compendium of data to assist you Be psychometricin report preparation and/or testimony (but you may not want to bring this to the depo!!) depo!!) Traveling vs. receiving patient: know, and think, about the difference between home and away games Traveling games 17 Reports Written or not? Know ahead of time Written Comprehensive format with sections Comprehensive document opening statements and agreements document itemize data relied upon itemize describe findings describe offer psycholegal formulation offer simplify language; remember your audience simplify Routing of report Routing 18 Oral Testimony Qualifying as expert; stipulation; voire dire Qualifying Conferences – issues and pitfalls Conferences Deposition and exhibits Deposition direct examination direct cross examination cross Sharing or submitting raw data Sharing Trial testimony Trial Settlement without trial/deposition Settlement 19 Forensic Self-Assessment Decide, for yourself, how much you like, and will invite, forensic referrals Decide referrals Immersion: how forensic neuropsychology is like functional magnetic resonance imaging Immersion resonance Self-regulation of referral sources SelfFinancial dependency and independence of opinion Financial dependency Role of board certification Role board 20 Forensic Self-Development Role of science in forensic evaluation is critical and evolving Role science Experience and knowledge are both important Experience Advocate or informant? Advocate Knowing your audience Knowing audience Clarify your values Clarify ...
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This note was uploaded on 12/01/2011 for the course CLP 7934 taught by Professor Staff during the Summer '08 term at University of Florida.

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