Clinicians in Court, Second Edition: A Guide to Subpoenas, Depositions, Testifying, and Everything Else You Need to Know

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Guilford Press, 2012 - Psychology - 333 pages
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Interacting with the legal system can be stressful and intimidating for mental health professionals. This trusted book provides user-friendly strategies to help clinicians prepare for giving testimony in court and participating in other legal proceedings. Using vivid case scenarios from family, criminal, and mental health law, the author explains legal terms and offers practical suggestions for avoiding pitfalls and managing ethical dilemmas. Thoroughly revised to incorporate updates in research, case law, statutes, and practice, the second edition addresses several new topics and includes an appendix with reflection questions extending the scope of each chapter. The book takes clinicians through the entire legal process, from first contact and the preparation stage to testimony and follow-up. It covers the nuts and bolts of how to respond to subpoenas, consult and strategize with attorneys, and develop sound record-keeping practices. Guidelines are presented for performing effectively on the stand as a fact witness or expert witness. The second edition gives increased attention to ethical issues, such as dual relationships, professional boundaries, confidentiality, and competence. It also explores special issues that may arise in cases involving children and examines the developing role of mental health professionals as forensic consultants. Reproducible agreements and other sample documentation can be photocopied from the appendices or downloaded and printed in a convenient 8 1/2" x 11" size. Supplemental materials for course use--including an instructor's manual--are available at the author's website. Written in an empathetic, down-to-earth style, this book is an invaluable resource for clinical psychologists, social workers, family therapists and counselors, psychiatrists, and child welfare professionals, as well as forensic psychologists and psychiatrists. It is widely used as a text in graduate-level courses dealing with clinical practice and the law.

  

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Contents

Prologue
1
BarskyCh01
5
Chapter 2Beginning with Yourself
30
Chapter 3First Contact
50
Chapter 4Preparation forLegal Proceedings
80
Chapter 5Oral Testimony at Trial
119
Chapter 6Clinical Records
147
Chapter 7Expert Witnesses
164
Chapter 10Alternatives and Precursors to Adjudication
242
Chapter 11Conclusion
255
Epilogue
259
Glossary
261
Appendices
269
Resources
315
References
317
Index
327

Chapter 8Documentary Evidence
216
Chapter 9Claims against Clinicians
232

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About the author (2012)

Allan E. Barsky, JD, MSW, PhD, is Professor of Social Work at Florida Atlantic University, where he teaches graduate courses on professional ethics, conflict resolution, social work practice skills, and substance abuse. Dr. Barsky has practiced social work and mediation in settings that include the criminal court in New York and the family courts in New York, Toronto, and Fort Lauderdale. Widely published, Dr. Barsky serves on the National Ethics Committee of the National Association of Social Workers and is a past president of the Ontario Association for Family Mediation.

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