Before Accepting a Case:
What the attorney and Forensic Psychiatrist Need to Know
Attorney: “Should I take the case?”
An attorney may call me because someone has approached them to initiate a lawsuit. The attorney has a suspicion the person has a psychological condition which is causing them to misunderstand the circumstances, and the need to pursue litigation. They might be misrepresenting the facts or angry emotions, not law, is driving them to you.
Consulting with a Forensic Psychiatrist can save you money and trouble down the road. Full article “The Non-Disclosed Consulting Expert: An Attorney’s Secret Weapon.
Run Your Case Past a Forensic Psychiatrist – Free Consult
In my own case, after being contacted by an attorney or other party, I will usually respond with a phone call at no cost. From the start, I must determine if there are any conflicts of interest. If not, then we can discuss if my expertise is relevant to the matter.
Conflicts of Interest
A psychiatrist with medico-legal training will know the importance of a conflicts check. A general psychiatrist very likely will not and the attorney will want to walk them through it.
Schedules and Planning
If we decide to proceed, we discuss the scope of my work. For example, do I expect to conduct an Independent Medical Evaluation, review any records, issue a report, perhaps testify? If so, I will ensure there is ample room in my schedule to meet any deadlines. It is helpful to discuss what resources are required for the case. I would then discuss a retainer and send my retention contract to the attorney. I must be retained before proceeding.
A Retained Consultant
There are times I may be better suited to assist the attorney as a non-disclosed non-examining consultant. This role can impact the scope of my work. I discuss this in the article referenced above.