Issues In Forensic Psychology - Treating Therapist vs. Expert Witness

ISSUES IN FORENSIC PSYCHOLOGY
Treating Therapist vs. Expert Witness

In any legal proceeding, an expert witness is obligated - above all else - to testify in an objective and candid manner. In their relationships with their patients, however, treating therapists value a "therapeutic alliance" more than objectivity and candor.
Therapeutic alliances develop over the course of treatment allowing patients to feel that their therapist is genuinely committed to their welfare.
In response to a therapeutic alliance with their therapist, patients feel that the therapist understands them - and their life circumstances - as the patients themselves comprehend those issues. Therapeutic alliances also involve patients regarding their therapist as a warm, nonjudgmental figure.
The relevant research clearly demonstrates that a therapeutic alliance is a necessary condition for effective treatment. Without a therapeutic alliance prevailing between therapist and patient, treatment will fail.
Dr. Campbell's commentary previously published in 1992 pointed out the inevitable conflicts between the roles of treating therapist and expert witness (or evaluator).

"Ultimately, therapists find it difficult to competently evaluate their clients - a therapeutic alliance between client and therapist inevitably reduces the therapist's objectivity. Conversely, evaluators find it difficult to respond therapeutically to the subjects of their evaluations - neutrality and objectivity mitigate against therapeutic alliances. As a result, it is the rare therapist who can respond simultaneously and effectively to both therapeutic and evaluative responsibilities. Psychologists who ignore these limitations can find themselves trapped in the ethical pitfalls of dual relationships."
Relatedly, there is nothing inappropriate about treating therapists testifying as fact witnesses regarding their patients. Testifying as a fact witness, however, necessitates that treating therapists clearly recognize the limits of their testimony as a result of their therapeutic role. When asked to express an opinion directly related to the legal matter at hand, treating therapists are obligated to acknowledge their limitations.
Surprising as it may seem, most therapists have not carefully considered the inevitable conflicts between expert witness and treating therapist. Therefore, legions of treating therapists are more than ready to take a witness stand and testify as expert witnesses. Simultaneously, they overlook how their therapeutic alliance with their patient compromises their objectivity and neutrality.

If you would like more information regarding the conflicts between treating therapist and expert witness, you may want to order following publication authored by Dr. Campbell.

"Cross-Examining Psychologists and Psychiatrists as Expert Witnesses." This is a 79-page, single-spaced outline, containing 214 footnoted references. This outline is bound. (Order article #15, cost $59.00).

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