Steven Babitsky, Esq.
How do trial attorneys attack psychologists and psychiatrists during cross-examination? They are being trained to concentrate on the expert’s competence and methodology.
Attorney Renee Welze Livingston writes in the January 2020 issue of For the Defense: How Methodical Investigation Can Cast Doubt on a Psychological Expert’s Competence and Methodology.
This revealing article makes many recommendations, including:
- Thoroughly investigate the expert’s background, experience, and qualifications.
- Carefully examine their CV, resumes, and other professional summaries.
- Obtain objective verification of key training, certifications, degrees, and licenses.
- Obtain prior depositions and trial testimony.
- Establish how they obtained the referral of the assignment.
- Demonstrate the subjective element of the evaluation.
- Establish how much time the expert spent with the plaintiff.
- Attack the weakest link (e.g. the diagnosis).
- Confine questions to the expert’s report.
- Stick to the criteria in DSM-5.