Thomas G. Gutheil

Eric York Drogin

The Mental Health Professional in Court: A Survival Guide is designed to help mental health professionals become more knowledgeable about the settings, assumptions, personnel, issues, and techniques involved in going to court, with the aim of demystifying the legal process and reducing anxiety about this inherently stressful experience. A revised and expanded version of The Psychiatrist in Court: A Survival Guide, published more than 10 years ago, this volume was written with three goals in mind: to soothe, support, and educate through use of an informal and at times even lighthearted tone; to offer a consistent focus on practical rather than theoretical issues; and to present the necessary material succinctly and efficiently so that readers can assimilate it quickly and under pressure of an impending court appearance. The book puts the topic in context by presenting the basics of the legal process and roles, then follows the chronology of responding to a subpoena, determining the kind of witness the reader may be asked to be, working with an attorney, preparing for a courtroom appearance, and identifying specific strategies for testifying. Well-written, astute, and supportive, this is the book mental health professionals should rely on when facing this potentially unnerving challenge.

A Survival Guide

The Mental Health Professional in Court

For some practicing psychiatrists, the prospect of going to court is as welcome an idea as surgery without anesthesia. Every psychiatrist has heard colleagues’ lurid tales of their appearances in court-whether as defendants or as an expert witnesses-where merciless lawyers dissected their testimony in public, leaving their professional reputation in tatters. Unfortunately, court appearances are becoming a fact of life in today’s litigious society. Knowledge and preparation are necessary to prevent court proceedings from damaging your reputation. The Psychiatrist in Court: A Survival Guidewill help you navigate the dangers lurking beneath the surface of the courtroom appearance. To lessen your dread and quell your fears about this stressful situation, this book succinctly illustrates the basics of the legal process, including the setting, the assumptions, the personnel, and the issues and techniques involved. Drawing on his internationally recognized expertise as a forensic psychiatrist and expert witness, Dr. Thomas Gutheil describes the legal process step by step from the subpoena and deposition to the actual trial and describes the surprises and pitfalls that lay in your path. He outlines different approaches to testifying on the witness stand and discusses the various roles a psychiatrist may play in court procedure. Mixing humor and a cheerful informality, Dr. Gutheil uses examples drawn from hundreds of actual cases and countless consultations with colleagues to show you how to deal with the legal system successfully. Practical, readable, and supportive, The Psychiatrist in Court: A Survival Guidecontains all the hands-on tips you will need to face your courtroom appearance with confidence and aplomb. Because knowledge and preparation are the keys to a successful trial experience, this book is a guide that you cannot be without.

The Psychiatrist in Court

Forensic psychiatry is growing in popularity, and many a practitioner feels the urge to explore this fascinating realm of endeavor. The second edition of The Psychiatrist as Expert Witness, by Thomas G. Gutheil, M.D., is a highly readable and practical guidebook for those interested in entering the field while navigating the dangers inherent in courtroom testimony. This volume is a thoroughly revised and updated edition of his highly successful first edition. The earlier edition has been used in nearly all forensic psychiatric training programs in the U.S. and Canada since its publication in 1998. A professor of psychiatry at the Beth Israel-Deaconess Medical Center-Harvard Medical School, Gutheil draws on his decades of experience in the courtroom and countless beginner's mistakes to help readers avoid the pitfalls of serving as an expert witness. While of great value to newcomers to the field, the book offers insight and guidance to early-career and seasoned expert witnesses as well. As in the first edition, this volume explores the role of the expert witness, moral issues, basic principles, depositions and trials, writing for the court, and ethical marketing. Besides the requisite updating of references and suggested readings, this latest volume features expansions and additions of particular benefit to prospective expert witnesses: A glossary of useful terms Expanded definitions of key concepts A lengthened discussion of bias in testimony Additional illustrative examples A model forensic consent form for examination Cases and principles that have arisen since the first edition The Psychiatrist as Expert Witness provides the practical, hands-on mentoring and guidance that were not readily available in the past. Concrete advice replaces abstract theorizing, and informal discussion in a user-friendly tone replaces scholarly discourse. These attributes combine to make this a book that is highly accessible and usable in real world courtroom settings. While some in society decry the expert witness function, the courts will continue, from all evidence, to require expert witness testimony in increasing numbers. The author seeks to help his colleagues meet the courts' needs with ethical, effective and helpful testimony through the publication of this revised volume. At the same time, Gutheil strives to make the often complex arena of forensic psychiatry more understandable to those who wish to enter the field and to seasoned experts eager to keep up with contemporary changes in forensic psychiatry.

The Psychiatrist as Expert Witness

Archie Brodsky

What do you do when you run into a patient in a public place? How do you respond when a patient suddenly hugs you at the end of a session? Do you accept a gift that a patient brings to make up for causing you some inconvenience? Questions like these—which virtually all clinicians face at one time or another—have serious clinical, ethical, and legal implications. This authoritative, practical book uses compelling case vignettes to show how a wide range of boundary questions arise and can be responsibly resolved as part of the process of therapy. Coverage includes role reversal, gifts, self-disclosure, out-of-office encounters, physical contact, and sexual misconduct. Strategies for preventing boundary violations and managing associated legal risks are highlighted.

Thomas G. Gutheil

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