Considering a forensic
psychiatric consultation?
An initial consultation provides an opportunity to discuss the case, clarify the forensic question, and determine whether psychiatric expertise may be useful. It also allows us to address the anticipated scope of work, relevant deadlines, availability, and potential conflicts before an engagement is established.
A clear process before substantive work begins.
The initial stages are designed to clarify the referral, define the forensic question, address potential conflicts, and establish the scope of the engagement before records or other substantive case materials are reviewed.
Discuss the Case
The initial conversation typically begins with a brief overview of the legal question, and the psychiatric issues that prompted consideration of a forensic consultation.
At this stage, only enough information should be provided to permit preliminary discussion of the referral and conflict screening. Confidential records, discovery, and other substantive case materials should not be transmitted until conflicts have been cleared and the engagement has been established.
Define the Scope
Once the nature of the matter is understood, we can discuss the type of evaluation or consultation that may be appropriate and the specific forensic question to be addressed.
This discussion may include the available records and discovery, potential collateral sources, whether an examination of the individual is anticipated, relevant deadlines, and whether additional information may be necessary.
The scope is tailored to the needs of the particular case. Depending on the referral, the engagement may involve a comprehensive forensic psychiatric evaluation, a more focused independent examination, record review and consultation, or another defined forensic psychiatric question.
Confirm the Engagement
Before substantive work begins, potential conflicts are addressed and the terms of the engagement are confirmed.
The engagement will identify the agreed scope of work and applicable professional fees. Anticipated deadlines, scheduling considerations, and expectations regarding reports or testimony can also be addressed at this stage.
Once the engagement is established, records and other substantive case materials can be provided for review.
Records & Case
Materials
The information relevant to a forensic psychiatric evaluation varies considerably depending on the referral question.
Materials may include medical and mental health records, prior psychiatric or psychological evaluations, legal filings, investigative materials, discovery, contractual or institutional records, employment or disability records, educational records, and other case-specific information.
Collateral information from family members, treatment providers, attorneys, witnesses, or other individuals may also be relevant in some matters.
The initial review of available materials may identify additional records or collateral information that would be useful before an opinion can be reached.
Evaluation &
Consultation
When an independent psychiatric examination is part of the engagement, the nature and length of the examination will depend on the forensic question and complexity of the case.
Forensic evaluation differs from clinical treatment. The purpose of the examination is to gather information relevant to the referral question and develop an independent psychiatric opinion; no physician-patient treatment relationship is established.
In some matters, an independent examination may not be necessary or possible. Consultation based on records and other available evidence may instead be appropriate, depending on the question being addressed and the limitations of the available information.
Reports & Testimony
The appropriate work product is determined by the needs of the case and the agreed scope of the engagement.
Some matters require a formal written report explaining the information considered, psychiatric findings, analysis, and opinions. In others, consultation may initially remain verbal or a more limited written product may be appropriate.
When testimony is anticipated, scheduling and related arrangements should be discussed as early as practicable. Opinions expressed in reports, depositions, or testimony remain based on the psychiatric evidence and the applicable forensic question, regardless of the interests of the retaining party.
Timing & Availability
Forensic matters frequently involve court deadlines, hearings, depositions, or other time-sensitive requirements. Relevant deadlines should therefore be identified during the initial consultation.
The time required to complete an evaluation depends on the complexity of the referral, volume of records, availability of the examinee and collateral sources, need for additional information, and whether a written report is requested.
Availability and a realistic anticipated timeline will be discussed before the engagement is accepted.
What should I provide?
A brief description of the matter, the type of consultation or evaluation being considered, the jurisdiction or case location, and any relevant deadlines are usually enough for an initial inquiry.
Start with a brief case inquiry.
For case inquiries, please provide a brief description of the matter, the type of consultation or evaluation being considered, and any relevant deadlines.
Please do not submit medical records, discovery, or other confidential case materials with an initial inquiry. Conflict screening and engagement terms must be completed before substantive case materials are reviewed.