Paraforensic Issues



Paraforensic Issues






Previous chapters have addressed many of the core issues in the practice of forensic psychiatry and psychology related to the interface and interaction between the expert and the legal system. For the private practitioner of forensic psychiatry or psychology (as opposed to the institutional psychiatrist or psychologist) there are in addition a number of matters that form, as it were, a penumbra around the core. The latter might be called paraforensic issues (1). (Similar issues are also addressed in the last section of this text.) Within that label we might include those “real-life, non-theoretical and practical matters that are as much a part of the work as is achieving a grasp of the psychiatry-law interface” (1, p. 356).

A recent review of those experiences regarded by forensic psychiatrists as especially stressful included the following (1, citing 2):


(1) fear of not being able to defend an opinion during cross examination, (2) fear of the prospect of disclosure of one’s own content-related personal history, (3) working with short deadlines, (4) testifying while physically ill, and (5) withstanding a retaining attorney’s attempts to coerce an opinion.

To aid our grasp of the definition, note that in this particular grouping, numbers 3 and 4 would most closely fit the definition of paraforensic issues as being penumbral to the core; the rest are outgrowths of the core challenges of forensic work itself. This section addresses those paraforensic concerns.


FEAST OR FAMINE

A durable feature of expert witness work is its “feast or famine” rhythm: No calls come in for weeks on end, leaving the expert feeling the career is over, and then several calls come in within the same week.


Similarly, long periods may go by completely uninterrupted by urgent time requirements for depositions, report writing or trial preparation, after which two different trials in widely separated geographic areas may require that the expert be present to give testimony within a three day window (1, p. 356).

The stressful nature of this problem is self-evident but not easily solved, as the legal system has its own scheduling to address. Regular income from some other source is important for several reasons, including the ability of the expert to maintain independence and to turn down meritless cases. These alternative sources of income may take the form of private clinical, teaching, or consulting practice; a salaried position with an institution; or a robust pension.



CASH FLOW

The scheduling irregularities just mentioned produce the secondary problem of an unreliable cash flow from expert witness work. The schedules of the legal system are only one of the problems leading to irregular income. The second major one is the sloth of retaining agencies, whether attorneys, state or federal agencies, or insurers; the latter two groups are notoriously slow to reimburse the expert for time spent. For insurers particularly, their fate in the current marketplace may at times take the form or bankruptcy or receivership. All the foregoing pitfalls counsel the expert to rely on retainers and other forms of advance payment as the most workable solution.

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Aug 18, 2016 | Posted by in PSYCHIATRY | Comments Off on Paraforensic Issues

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