Practical Approaches to Forensic Mental Health Testimony

Practical Approaches to Forensic Mental Health Testimony may be the next best thing to having a world-renowned forensic mental health consultant available to you, 24 hours a day, to answer questions about the process and content of forensic mental health testimony. The uniqueness of this book is described in its preface. It is one of a few portable resources available to aid experts in managing the day-to-day complexities and practical aspects of forensic work.

Authors Thomas Gutheil and Frank Dattilio are highly regarded leaders in their respective fields of forensic psychiatry and forensic psychology. In Practical Approaches to Forensic Mental Health Testimony, these scholars combine their experience and enthusiasm to craft a useful, readable resource that addresses some of the more practical realities of working in forensic mental health as an expert witness.

In the introduction, the authors lay out the book's foundation by reviewing basic themes, such as the expert's role, the expert's task, barriers to expert functioning, and criteria for expert competence. The ensuing 11 chapters are divided into four sections. The first section, entitled “Core Issues Regarding the Function of the Expert Witness,” addresses preparation and presentation of testimony, potential biases of expert witnesses, and undergoing cross-examination. The second section, “Limits on Expert Functioning,” covers admissibility of evidence, narcissism in the expert, problems related to late withdrawal from a case, the feast or famine nature of forensic work, and travel difficulties.

Section III, “Relationships With Attorneys,” offers a concise analytical discussion of lawyer-expert misalliance, including tips on how to handle the problematic practice by some attorneys of attempting to coach experts. The fourth and final section, “Special Problems for Experts,” includes commentaries on various real-life predicaments faced by mental health experts, such as the oftentimes awkward task of testifying about or in opposition to one's colleagues, harassment by disgruntled examinees, ethics boundaries, and countertransference.

The book has many strengths, but two in particular are worth mentioning. First, each chapter contains abundant quotes taken directly from real-world testimony. The authors use these quotes to illustrate flawed testimony and potential pitfalls. They follow up such cases with alternative, word-for-word, easily understood suggestions to assist experts with avoiding such snares. For instance, in Chapter 3, which addresses some of the perils of cross-examination, the authors provide concrete examples of how an expert might best respond to an attorney's request that answers be limited to yes or no.

Second, the authors tackle concerns that commonly arise in forensic mental health work and that are rarely formally addressed in the literature. Where else can one find a collection of thoughtful commentaries on waffling, fears of disappointing retaining attorneys, getting paid up front, and the embarrassing and potentially serious mistake of confusing the details of a past case with those of a current one? Although forensic mental health colleagues are invaluable, irreplaceable resources, they may not always be available to confer. A textbook, in contrast, is limitlessly accessible and is uninhibited by scheduling constraints.

It is difficult to identify any major weaknesses of the text because it covers an array of interesting subjects. There are times, however, when additional information would have been useful. For example, the authors could have discussed billing in greater detail. Newcomers to forensic mental health may appreciate Gutheil and Dattilio's perspective about factors to keep in mind when establishing one's hourly rate, whereas more experienced practitioners might enjoy a more lengthy discussion of how to manage disputes over fees.

Although the text may seem brief for its cost, $74.95 is a considerable bargain when compared with what a highly esteemed forensic mental health expert might charge for around-the-clock consultative services that address the same subjects. Practical Approaches is a user-friendly, succinct, entertaining book that tackles some of the most challenging (yet rarely officially addressed) aspects of forensic mental health consultation. This book is a must have for forensic mental health practitioners who engage in expert witness testimony.

• American Academy of Psychiatry and the Law