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Christian Counseling Connection
CLINICAL
COUCH
CO U R T
TO
FROM
Consultation, Collaboration, Cooperation:
Three Essential Skills for Court
David B. Hawkins, ACSW, Ph.D.
I
have shared about my experiences with court many times in this column—the
fears, the excitement, the opportunities. As I reflect on my years of being an expert
witness, and the many challenges I have faced, I continue to settle on three very
basic skills—tools, if you will—needed to be an effective expert witness. If you can
become proficient with these three skills, you will do well in court and spill over into
many other areas in your practice for that matter.
Consultation
Whether you make forensics a regular part of
your professional life or avoid the courtroom
like the plague, you will likely end up in
court at one point or another—so the ability
to effectively consult with others is critical.
Let’s take an even closer look at this tool.
After you have been to court, you know
there are often many people you will need
to
consult.
While it may be as simple as being
asked a few questions by two attorneys about
someone with whom you have worked, or
perhaps someone who you have evaluated,
things can become complex very quickly.
There are countless players in the court
arena and you may need to speak with many
of them. Not only is it important that you be
available to talk, you must also be receptive
and inquisitive with them, learning how you
can assist the referring party and do your job
as effectively as possible.
One particularly useful aspect of consultation is the ability to
ask good questions.
Not
only must you ask the referring party to define the parameters of your role in court, but
you would also do well to discover all you can about what will likely occur during legal
proceedings. What is your purpose for being there? What is expected of you? What are
you willing and released to say, and what are the limitations of what you can and will
say? Asking these questions up front will save you from embarrassment and complica-
tions later on.
Another critical aspect of consultation is the ability to give and receive informa-
tion. You must come with an open mind, ready to hear and change your conclusions as
needed. Being receptive and flexible are critical aspects of consultation.
Collaboration
The second skill is that of
collaboration
. This is, perhaps, as much art as it is skill. You
must know how to co-labor with others involved in the court process. Again, as much
as you might wish to remain insulated from the drama of court, you cannot typically do
so.
The court process works largely because of the complex relationships involved. It
is a team of people working together—some on the front lines and many behind the
scenes. A simple glance around the courtroom reflects the many roles and responsibili-
ties of the cast of characters. It is important for you to know all of them, to some extent,
and understand their responsibilities and how they function. You must co-labor with
the prosecuting attorney, defense attorney, judge, guardian ad litem, defendant and
plaintiff, court reporter and clerk, as well as the jury. In many cases, while not central
to the judicial process, there will be a gallery of bystanders who have been allowed
to silently observe the proceedings. It is very likely you will be interacting with all, or
most, of these individuals, especially those
important to what is taking place and the
outcomes. Your ability to communicate and
relate effectively, and within your appointed
boundaries, is critical.
Cooperation
The final skill to master for work in the
courts is that of
cooperation
. While this may
seem obvious, there will be times, perhaps
days, when the last thing you want to do
is cooperate with some feisty attorney. You
may balk at provocative questions. You may
not want to sit for hours in the preparatory
deposition before the official court process
begins. You may wish the process would
move along more swiftly. Nonetheless, you
have a job to do and must do it well. You
must cooperate with all parties—not only
will this benefit the primary one you have
gone to court for, but it will also ensure
your reputation for years to come. These are
relationships you may maintain for the duration of your career.
An often quoted Scripture on cooperation is useful to consider: “Two are better
than one, because they have a good return for their labor: if either of them falls down,
one can help the other up. But pity anyone who falls and has no one to help them up.
Also, if two lie down together, they will keep warm. But how can one keep warm alone?
Though one may be overpowered, two can defend themselves. A cord of three strands is
not quickly broken” (Ecclesiastes 4:9-12).
In summary, I remind you to keep these three skills in the forefront of your mind:
consultation, collaboration
and
cooperation
. By doing well at each of these, you will be a
positive witness for your faith, make a favorable impression in the court process, and
garner the respect of your peers, colleagues and future clients.
David B. Hawkins, ACSW, Ph.D.,
is a Licensed Clinical Psycholo-
gist who owns Pacific Psychological Associates. He is a Certified Sexual
Offender Treatment Provider, a Certified Domestic Violence Provider,
as well as a Board Certified Forensic Examiner. David is the author of
33 books and a weekly advice columnist for Crosswalk.com and CBN.
com. In addition, he is a frequent presenter for AACC.
“Your ability to communicate and relate effectively,
and within your appointed boundaries, is critical.”
