3rd Edition

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

By Allan E. Barsky Copyright 2024

    This trusted, authoritative reference for mental health clinicians and students is now in a thoroughly revised third edition. Using vivid case scenarios, Allan Edward Barsky explains when and why clinicians may be called to participate in legal proceedings. He describes and illustrates best practices for record keeping, responding to subpoenas, preparing reports, giving testimony as a fact witness or expert witness, managing ethical dilemmas, and reducing malpractice risks. Appendices feature reproducible agreements and other sample documentation. Readers can download and print these materials at the companion website, which also offers additional case examples, learning activities, and resources. A supplemental test bank is available on request to instructors who adopt the book for courses.

    New to This Edition
    *Reflects substantial updates in research, case law, and statutes.
    *Aligns with current codes of ethics and practice guidelines of major professional organizations.
    *"Upon Further Reflection" elements in each chapter, plus an additional appendix with a sample report from a treating clinician in a criminal case.
    *New or expanded discussions of timely topics: restorative justice, ways to respond to subpoenas, using technology effectively in courtroom presentations, therapeutic witnessing, and more.
    *Ancillary materials for practitioners, students, and instructors at the expanded companion website.

    Preface
    Prologue
    1. Introduction
    2. Beginning with Yourself
    3. First Contact
    4. Preparing for Legal Proceedings
    5. Oral Testimony at Trial
    6. Clinical Records
    7. Expert Witnesses
    8. Documentary Evidence
    9. Claims against Clinicians
    10. Alternatives and Precursors to Adjudication
    11. The Future of Clinicians in Court
    Epilogue
    Glossary
    Appendices
    Resources
    References
    Index

    Biography

    Allan Edward Barsky, JD, MSW, PhD, is Professor in the Sandler School of Social Work at Florida Atlantic University, where he teaches graduate courses on professional ethics, conflict resolution, generalist practice with individuals, and clinical practice with groups. Dr. Barsky has practiced social work and mediation in various legal settings, including the criminal court in New York and the family courts in New York, Toronto, and Fort Lauderdale. He is a former chair of the National Ethics Committee of the National Association of Social Workers and former president of the Ontario Association for Family Mediation. Dr. Barsky is the author of several books. His research has been published in Negotiation Journal, Family and Conciliation Courts Quarterly, Child Welfare, Conflict Resolution Quarterly, International Journal of Social Work Values and Ethics, and Child and Youth Services Review. His scholarly work has also been presented at international conferences in London, Helsinki, Jerusalem, Dublin, Seoul, Madrid, Ottawa, and Amsterdam.

    "Barsky is uniquely positioned to offer sage advice to behavioral health professionals who find themselves in the midst of complex legal proceedings. Barsky draws on his extensive experience as a social worker who is also trained in the law. He offers wise, state-of-the-art counsel to practitioners who are asked to testify and/or produce documents. The extensive case scenarios are instructive and provide readers with concrete examples of the diverse ways in which clinicians can find themselves involved in legal matters. Practitioners would do well to consult Clinicians in Court as their principal guide during legal proceedings."--Frederic G. Reamer, PhD, School of Social Work, Rhode Island College

    "For most clinicians, the legal landscape is unfamiliar and intimidating. This comprehensive book puts an expert in your corner. The third edition is extremely informative; it is filled with practical advice and clear examples for ethically navigating a wide range of court-related scenarios. Barsky’s book is an indispensable resource for forensically oriented practitioners and for those who seldom engage in court proceedings, but need incisive guidance."--Raymond Chip Tafrate, PhD, Department of Criminology and Criminal Justice, Central Connecticut State University

    "A 'must read' for clinicians apprehensive about testifying in court. The third edition walks readers through various court scenarios and conflicts of interests that may arise. The glossary and reference material were particularly helpful for me. As a national social work regulator and private-practice clinician who has had to testify in court for clients on a variety of levels, I found this book incredibly valuable. This book is a precision tool and reference for navigating the complexities of court systems--I only wish it had been available during my Social Work and Law coursework."--Roxroy A. Reid, PhD, LCSW, President, Association of Social Work Boards

    "I have revisited this book many times, and learn more each time I read it! It helps you understand the legal system and the different roles of a witness, and provides useful tips on report writing and record keeping. It should be required reading for all social work master's students and clinicians. I use this text in my graduate course on Expert Testimony in Forensic Science, and it gets rave reviews from students. The book is well written and easy to understand."--Tabitha Annette Brookins, PhD, LMSW, Department of Social Work, Alabama State University

    "One of the most challenging and uncomfortable roles for a mental health clinician is involvement with the legal system as a witness, evaluator, or defendant. Barsky provides an important resource for practice with the third edition of this important guide. Written in a clear and informative style, the book succeeds in stripping away some of the discomfort mental health clinicians have about participating in legal proceedings. The third edition thoroughly updates the case law and includes additional resources and sample documents. The cases and practice examples help prepare students and clinicians to apply legal principles to the real world of practice."--Robert G. Madden, LCSW, JD, Master of Social Work Program, University of Saint Joseph-Barsky's work here is practical, organized, and well-focused on particular concerns of clinicians. The book should help prepare active professional clinicians and students for their interactions with the legal system. Students should want to maintain this book on their professional reference shelf. (on the second edition)--The New Social Worker, 12/01/2013ƒƒAn excellent guide for nonforensic clinicians....Reading Clinicians in Court is like attending a good workshop. (on the first edition)--Psychiatric Services, 03/01/2006ƒƒProvides useful information for a clinician on such important issues as confidentiality and the legal aspects of disclosure....I found this book very useful to my continuing practice. (on the first edition)--Criminal Justice Review, 05/01/2005