Tips for Attorneys Working with Forensic Psychologists

When legal cases involve mental health questions, attorneys often rely on the expertise of a forensic psychologist. These professionals play a critical role in evaluations related to competency, criminal responsibility, custody, and personal injury. To get the most out of your collaboration, it's important to understand how to work effectively with a forensic psychologist from the start.

1. Ask the Right Referral Question

The referral question guides the evaluation. Be specific. Instead of asking, "Is this person mentally ill?" ask, "Does this person have a mental illness that impairs their ability to stand trial?" or "Does the parent have psychological factors that affect their capacity to provide safe care?" Clear, legally relevant questions lead to focused, useful reports.

2. Provide Relevant Records

Forensic psychologists rely on collateral information. Provide police reports, court filings, prior evaluations, therapy records, and any other documents that offer background. These materials help the evaluator understand context and verify self-report data.

3. Understand Confidentiality Limits

Forensic evaluations are not confidential in the way therapy is. Everything disclosed by the client can appear in the final report. Ensure your client understands this and clarify it with the evaluator as well.

4. Clarify the Timeline and Deliverables

Court schedules are tight. When you make a referral, outline the expected deadlines for completion, whether you need a full written report, and whether court testimony may be required.

5. Avoid Coaching the Client

While it’s important for clients to know what to expect, avoid coaching them on how to respond. Forensic psychologists are trained to detect inconsistencies, malingering, or coached narratives. Help your client feel informed, not rehearsed.

6. Prepare for Testimony

If the evaluator will testify, discuss the logistics in advance. Clarify whether testimony is expected, paid hourly, and under what conditions the expert may be subpoenaed. Many evaluators charge a separate fee for court preparation and testimony.

7. Choose an Evaluator with Forensic Expertise

Forensic evaluations differ significantly from clinical therapy. Choose a psychologist who is trained in forensic practice and follows guidelines from organizations like the APA and AFCC. Experience with court testimony is a plus.

Need a Forensic Psychologist in Utah?

Utah Center for Psychological Services offers clear, neutral, and court-ready assessments for criminal, civil, family, and immigration matters. Contact us today to schedule a consultation.

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Competence to Stand Trial