Differences Between Treatment and Forensic Roles of the Expert Consultant
| Therapists | Forensic Examiners | |
|---|---|---|
| Who is the client? | Patient | Attorney or the court |
| Goals | Provide treatment and support | Objectively evaluate a defendant or claimant |
| Data | Accept what the client says | Corroborate examinee's statements with collateral information |
| Emphasis | Treatment, helping | Assessment of psycholegal matter at stake |
| Trust | Assume basic honesty | Assess for malingering or attempts to create a positive impression |
| Accountability | Anticipate little challenge to conclusions, diagnoses | Anticipate cross examination, consider alternative hypotheses, explanations |
| Privilege | Governed by therapist-client privilege | Governed by attorney-client privilege, if any |
| Knowledge of legal matters | May be unaware of legal standards, rules of evidence | Familiar with case law governing the matter at hand. Daubert and Frye standards of evidence |
| Attitude | Avoid court appearances | Accept legal proceedings as part of the work; develop testimony skills |
Data adapted from Greenberg and Shuman.26