Courtroom Ready Clinicians: What Mental Health Professionals Need to Know About Testifying

Mental health professionals are increasingly called upon to testify in legal proceedings, providing expert perspectives on the impact of an individual’s mental health on their thoughts, behaviors, and overall wellbeing.

For many professionals, the idea of taking the stand can be daunting. The dynamics in the courtroom vary greatly from the therapy room; the rules and expectations are an entirely different game. Preparing for the experience by learning the rules can help make testimony less intimidating and enable mental health professionals to feel confident in developing a skill that enhances a meaningful part of professional practice.

Most of us do not ask to receive a subpoena. Our initial reaction may be panic, fear, or sheer terror, but it is our responsibility to acknowledge and inquire. Understanding what is being requested is the first step. Read through, carefully to understand what is being requested: records, a certified letter, or testimony. Seek legal consultation and engage in conversation with the individual requesting the record and the identified client(s).

Both the American Mental Health Counselors Association (AMHCA) and the National Association of Social Workers (NASW) codes of ethics guide practitioners to protect client confidentiality in these situations, disclosing only what is necessary and only with client consent or a court order. The client should be informed that a subpoena has been received, that testimony may be required, and what the clinician intends to say.

Getting Prepared for Testimony

Preparation is multifaceted.

Review and organize clinical notes or reports. Remember, anything brought to the stand can be admitted into evidence. Consider what is important and necessary to have in your possession at the time of your testimony.

Update your curriculum vitae (CV) – professional documentation reflecting your qualifications, education, licensure, training, and experience. A CV is designed to highlight scholarly and clinical credibility, which the court evaluates to determine whether a clinician qualifies as an expert witness.

Finally, mental preparation. Spend time thoroughly reviewing the case. Consider the diagnoses, treatment modalities, the client’s progress in treatment, and practice a thoughtful justification for your clinical conclusions. Preparation builds confidence. Practice out loud. Talk to yourself, a mirror, or a trusted colleague. Be comfortable with the case, your knowledge and skills, and find words to clearly articulate what you know.

Knowing the Room

Everyone in the courtroom has a position with its own set of roles and responsibilities; and, of course, the courtroom has its own rules. Judges preside over the case and issue final decisions. Attorneys present evidence on behalf of their clients — prosecutors represent the government in criminal matters while defense attorneys represent the accused and civil litigators handle lawsuits and disputes. Plaintiffs are the individuals who filed the suit, and defendants are the individuals who are being accused or sued.

Supporting roles include the clerk, the bailiff, the court reporter, and any jury members.

Those providing testimony, may encounter sequestration. Witnesses are separated from the courtroom until their testimony, to prevent being swayed or influenced by the testimony of others.

Courtroom etiquette matters. Phones should be turned off – in some courthouses, phones are prohibited from the courtroom entirely.  Avoid sidebar conversations, and manage the waiting period—which can be long—with patience.

On the Witness Stand

Witnesses must be sworn in, under oath, before their testimony begins. In the role of expert witness, a professional will typically complete a voir dire (pronounced "vwar deer"), during which the court evaluates the professional’s qualifications to render an expert opinion. The CV serves as the roadmap for the voir dire process.

Clarity and composure are the professional’s greatest assets. Psychobabble and jargon are a distraction. The goal is to inform not impress the court. Language should be simple, direct, and clear. Taking time to understand the question and provide a meaningful response is essential. Ask for clarification, define and remain within the boundaries of your professional role, and own and acknowledge the limits of your knowledge and position. For example, a clinician providing therapy for a child cannot offer custody recommendations; custody recommendations are outside the scope of treatment.

Cross-examination may be uncomfortable. The opposing attorney may challenge your qualifications or conclusions—answer calmly and honestly. You are human and your experience with the client is only one piece of the puzzle. Remember what you practiced: calm, composed, honest responses.

After Testimony

You must wait until you are formally dismissed. As you begin your walk down the aisle to the doorway, a myriad of emotions and thoughts may flood your mind. It is normal to replay the experience in your mind. You may feel exhausted, relieved, or elated. Take a moment.

If the therapeutic relationship continues after testimony, process and discuss the experience with the client. The experience can be important to the client’s ongoing treatment.

Testifying on behalf of the client is a significant professional responsibility – one worth recognizing.

Authored by: Sarah Anderson, MA, LPC