Clinicians and the Court – Risk Management Tips for Clinical Psychologists

This three-hour session will focus on ethics and risk management considerations for forensic issues commonly faced by psychologists in clinical settings.  We will start with a discussion of subpoenas and court orders, identifying the differences between the two and the steps to take upon their receipt.  The second part of the session will take us into the courtroom, exploring the nuances associated with testimony at a hearing or a deposition.  The discussion will focus on practical tips for clinicians – how to respond to questions while testifying; billing for testimony; the differences between a deposition and a hearing; and related topics.  We will also delve into the conflicts between clinical and forensic roles and ways to avoid these inherent problems.  The final section of the presentation will address common situations encountered by clinicians in which these roles conflict and associated ethical and risk management issues emerge.  Specifically, considerations when working with high conflict families will be explored and strategies for managing requests from clients for letters or evaluations that may be outside the scope of a treating therapist’s role.  Throughout the session, presenters will identify ethical considerations and risk management strategies for clinicians to use when dealing with court-related or administrative matters and participants will learn practical ways to deal with requests from clients that are beyond the scope of a treating clinician.

Presenters: Leisl Bryant, Ph.D., ABPP, Julie Jacobs, Psy.D., J.D. & Marc Martinez, Ph.D., ABPP

[Note] This presentation was recorded at the 2022 National Practice Conference, co-hosted by the National Register.

Learning Objectives

1. Describe the differences between subpoenas and court orders and identify at least three specific steps to respond.
2. Explain the primary distinctions between and potential risks of testifying at depositions versus court hearings/trials.
3. List at least four risk management strategies for testifying as a treating clinician and for billing for one’s time.
4. Analyze and identify minimally five conflicts between clinical and forensic roles and related ethical/risk management issues in taking on multiple roles with the same patient/client.
5. Describe three pitfalls in working with high conflict families and compile at least three specific strategies for minimizing such risks.
6. Identify two potential ethical and risk management problems with writing letters or evaluations for patients/clients that are outside the role of the treating clinician and create a risk management plan for responding to such requests.

Important Notice

Because this webinar is on-demand, once you are registered and have created a login account, you can view the webinar at any time in whatever time increments are most convenient. In order to download your CE certificate, receive CE credits, and become eligible for a discount on your Trust Sponsored Professional Liability Insurance policy premium, you must:

• Complete the entire webinar,
• Pass a brief exam, and,
• Complete a brief evaluation form.

You are required to achieve a passing score of 75 percent or higher. You are allowed three attempts to successfully complete the exam. If you are unsuccessful on the third attempt, you must re-purchase the course to try again.

Eligibility for Insurance Premium Discounts

• The combined 6 hours of CE earned from the 2022 National Practice Conference Bundle will make you eligible for a 15% savings on your Trust Sponsored Professional Liability Insurance premium for two consecutive policy periods.
• You can also combine 4 or more CE credit hours earned from The Trust’s webinars or any other continuing education programs authorized by APA to offer CE credit and become eligible for a 5% savings on your Trust Sponsored Professional Liability Insurance premium for one renewal.
• To obtain CE discounts, download and submit CE certificates (totaling 4 or 6 hours as explained above and completed within the previous 15 months) with your insurance application/renewal.
• Discounts are not applicable to Researcher/Academician or Student policies.
• Group policies become eligible for CE discounts when at least 50% of individuals insured under the group policy submit CE certification totaling the number of credits needed for a particular percentage discount.
• All applications are individually underwritten and submission of CE certification will not guarantee insurance policy issuance or renewal.

Continuing Education Credits

The Trust is approved by the American Psychological Association to sponsor continuing education for psychologists. The Trust maintains responsibility for this program and its content.

The Trust is recognized by the New York State Education Department’s State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0019.

Continuing Education Grievance Policy

The Trust is fully committed to conducting all activities in strict conformance with the American Psychological Association's Ethical Principles of Psychologists. The Trust will comply with all legal and ethical guidelines for non-discrimination in promotional activities, program content and in the treatment of CE participants. The Trust CE Director is responsible for complying with these standards.

While the Trust strives to assure fair treatment for all participants and to anticipate problems before they occur, occasionally grievances may be filed. In cases where a participant files a written or oral grievance, the following actions are taken:

• If the grievance concerns the content of the workshop, webinar, book or the continuing education test, a Trust representative will mediate and will be the final arbitrator. If the participant requests action, the CE Director or a Trust representative will either provide a credit for a subsequent CE offering or provide a partial or full refund of the CE fee already paid.
• Actions involving a credit or a refund will require a written note documenting the grievance for record-keeping purposes. The aggrieved individual need not sign the note. If the grievance specifically concerns The Trust, the CE Director or Trust representative will attempt to arbitrate.

Direct correspondence to:

Continuing Education
The Trust
111 Rockville Pike, Suite 700
Rockville, MD 20850
Phone: (800) 477-1200

Email: grievances@trustinsurance.com

NOTE: This information is provided as a risk management resource and is not legal advice or an individualized personal consultation. At the time this resource was prepared, all information was as current and accurate as possible; however, regulations, laws, or prevailing professional practice standards may have changed since the posting or recording of this resource. Accordingly, it is your responsibility to confirm whether regulatory or legal issues that are relevant to you have since been updated and/or to consult with your professional advisors or legal counsel for timely guidance specific to your situation. As with all professional use of material, please explicitly cite The Trust Companies as the source if you reproduce or distribute any portion of these resources. Reproduction or distribution of this resource without the express written permission of The Trust Companies is strictly prohibited.