Forensic Specialist:

Voluntarily participating

(Hired as an
Independent Specialist,
with no prior relationship
to any parties in the case.)

* NOTE:
For emerging quasi-legal
forensic role of
court-appointed
"Parenting Coordinator," see note
at bottom of chart.

1. Forensic Evaluator*

--A. Criminal case
---- a. competency to stand trial
---- b. mental status at offense

--B. Civil case (damages; abuse)

--C. Custody case

[*This can be either
an initial evaluation
or a
"second-opinion evaluation"]

1. Obtain training and experience required for practicing in these specialty roles; know relevant APA Guidelines.
2. Refuse referral if you have/had relationship with any of parties.
3. Refrain from offering opinions about any party not seen and/or evaluated.
4. If a court-ordered evaluation, obtain copy of order to clarify court's referral question and expectations about your role; revise if needed.
5. If for one party, get a contract identifying them as examinee and clarifying scope your of role.
6. Before beginning evaluation, obtain consent from each person after informing them about: (a) nature of your role/loyalties and (b) limits of confidentiality (i.e., specify with whom you will share information; inform them that information you obtain, and/or your opinionst, may be disclosed in report and/or testimony, and are not confidential.)

2. Expert Witness

--A. Pursuant to own evaluation
or
--B. Offering expert opinion on
the issues (e.g., developmental needs of 4-year-olds), offering no opinions about parties not evaluated)

1. As above.

2. Limit the "expert" opinion testimony to those areas for which you have the necessary factual information, training, and/or professional expertise

3. Consultant

--A. Advising attorney
(with or w/o meeting his client)

--B. Reviewing Another's Work
(reviewing/evaluating another's
therapy notes or evaluation or report; advising attorney;
perhaps testifying [above])

Attorney for
One Party

A. Provider of Records

B. Courtroom Witness
---regarding facts
---regarding "expert" opinion
(if so qualified)

C. Consultant to
Patient's Attorney

Your
Therapy Patient
(who has
waived privilege and has requested
that you disclose)

1. Before agreeing to disclose records or provide testimony, be sure patient understands nature and content of records and/or your potential testimony (e.g., explain possible scope of cross examination).
2. In absence of court order, you have no ethical basis for disclosing anything to anyone until you have obtained patient's written consent to disclose the records or information, or to consult with patient's attorney .

Therapist:

"Involuntarily" participating

(SUBPOENAED BY
OPPOSING PARTY)

(Providing therapy records
or testimony
in response to Subpoena
only if judge so orders )

A. Provider of Records/Documents
(Subpoena Duces Tecum)

B. Provider of Testimony (Witness Subpoena)
---1. Fact Witness (e.g., Patient's Statements, Behavior)
---2. Opinion ("Expert") Witness
(e.g., Diagnosis, Prognosis, etc)

?

You are not there
"in behalf of"
your therapy patient
(whose confidential
information you are about to disclose
without his/her consent !)
but you do have ethical obligations toward that patient (see next column).

?

1. At intake, inform each prospective therapy patient about the foreseeable limits of confidentiality, including those imposed by law (such as court orders in court cases).
2. Understand relevant Virginia laws: Exceptions to therapist-patient privilege include (a) child abuse or neglect cases or (b) patient places own mental condition at issue, or (c) judge considers the information admissible as evidence because "necessary for the proper administration of justice"
3. If patient does not want the information disclosed in this context, (a) file (or cooperate with patient's attorney in filing) a motion to quash the subpoena; (b) if court orders disclosure, limit disclosure to the extent possible, remembering that your primary responsibility is to your therapy patient.
4. Give no opinion about anyone other than the patient named in the subpoena, unless (a) you evaluated them or saw them in therapy and (b) they have given written consent for disclosure.

Provider of
Court-Ordered Services:

Voluntarily participating

(AGREED TO
WEAR THIS HAT)

Potential activities
as stipulated in Court Order:

A. Providing Direct Services
(e.g., therapy, mediation, parent education, parenting consultation, etc.,
B. Testifying
C. Providing Progress Reports
D. Providing Records

Court-ordered
client (who
(a) was informed in advance about the nature of your role and
(b) consented to accept the limits of confidentiality specified in the court's order)

1. Although Court has ordered this patient into therapy, you are ethically obligated to say "no" to being therapist if case creates multiple relationship or conflict of interest, or is outside your area of competence.
2. Clarify expectations; possibly participate in writing the order.
3. Begin therapy relationship by explaining scope of court order, clarifying role, and discussing limits of confidentiality.

Revised From: Fisher, M.A. (2006) Can You Keep A Secret? Patient Confidentiality and its Limits in Virginia, 4th Edition. Center for Ethical Practice, 934 East Jefferson St., Charlottesville VA 22902