There has been a great increase in the use of the expert witness in fields that relate to psychological and mental health matters. These include the traditional areas of competency, custody and visitation, psychological impact of personal injury, and physical and sexual abuse. The arena has now broadened to include sociopsychological issues such as sexual harassment, ageism, and racism.

How does one choose an expert witness and how does one most effectively work with him/her? In the mental health professions the doctorate is the only recognized terminal degree. This may be an M.D., Ph.D., Psy.D., or Ed.D. Recognition of expert practice is bestowed through board certification. Recognitions of contributions by peers to the advancement of the profession is recognized through fellowship status. Thus, if you want to obtain the services of an expert witness who is recognized by his/her peers as well qualified in his/her practice and is a major contributor to the profession, he/she must be board certified and a fellow.

There are two rather broad areas of knowledge that you will be using in your cases: clinical expertise and research expertise. Both are required to respond effectively to cross-examination.

It is important for the lawyer to respond to the valid requirements of the expert witness. He/she may need to do a thorough literature review to examine what is current in the field. He/she may need to perform psychological evaluation which may include many hours of interviews and/or testing. This is not inexpensive, but the investment is well worth it.