Clinicians in Court, Second Edition
A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know
By Allan Barsky
Guilford Press – 2012 – 333 pages
Guilford Press – 2012 – 333 pages
Interacting with the legal system can be stressful and intimidating for mental health professionals. This trusted book provides user-friendly strategies to help clinicians prepare for testimony in court and other legal proceedings. Using vivid case scenarios from family law and other areas, the author explains legal terms and offers practical suggestions for avoiding pitfalls and managing ethical dilemmas. Clear guidelines are presented for record keeping, responding to subpoenas, preparing reports, and performing effectively on the stand as a fact witness or expert witness. Reproducible agreements and other sample documentation can be photocopied from the appendices or downloaded and printed in a convenient 8 112" x 11" size.
New to this edition:
"This fully revised and well-polished second edition offers both seasoned clinicians and students an outstanding resource with which to prepare for any type of encounter with the legal system. Concise and well written, the book will be a welcome addition to any clinician's library. It is certainly at the top of my list for required classroom reading." - Frank M. Dattilio, Harvard Medical School, Massachusetts, USA
"Barsky has provided practitioners and students with an important resource for practice with the second edition of this important guide. Written in a highly readable and informative style, the book succeeds in stripping away some of the discomfort mental health clinicians have about participating in legal proceedings. It explains the purpose and function of the legal system and clarifies the roles and responsibilities of clinicians as witnesses and resources for legal decision makers. The use of case scenarios enables clinicians to apply legal principles to the real world of practice." - Robert G. Madden, Saint Joseph College, Connecticut, USA
"Clinicians in Court, Second Edition, offers an updated resource for treatment providers who are called into the legal arena. The volume helps to clarify roles, responsibilities, and regulations and offers readers a foundation for developing policies and procedures of their own. The material is woven together using the example of a family engaged in the legal system, exploring the roles of the evaluators and treatment providers intertwined in the process. Practical and challenging, the scenarios encourage reflection and offer opportunities to prepare for unfamiliar legal territory." - Andrea Stolar, Baylor College of Medicine, Texas, USA
Prologue. Introduction. Beginning with Yourself. First Contact. Preparation for Legal Proceedings. Oral Testimony at Trial. Clinical Records. Expert Witnesses. Documentary Evidence, with Diane Green. Claims Against Clinicians. Alternatives and Precursors to Adjudication. Conclusion. Epilogue. Glossary. Appendices. Service Agreement for an Expert Witness for Review/Rebuttal Services. Fee Arrangement for an Expert Witness Who is Called to Testify. Informed Consent to Participate in a Forensic Psychological Evaluation. Initial Letter to Attorneys After an Appointment Order. Sample Affidavit. Motion to Quash Subpoena. For Further Reflection.
Allan E. Barsky, JD, MSW, PhD, is Professor of Social Work at Florida Atlantic University, USA, where he teaches graduate courses on professional ethics, conflict resolution, social work practice skills, and substance abuse. Dr. Barsky has practiced social work and mediation in settings including the criminal court in New York and the family courts in New York, Toronto, and Fort Lauderdale. Widely published, Dr. Barsky serves on the National Ethics Committee of the National Association of Social Workers and is a past president of the Ontario Association for Family Mediation, Canada.