Behind the Scenes: Leveraging Consulting Psychologists for Strategic Legal Advantage

Behind the Scenes: Leveraging Consulting Psychologists for Strategic Legal Advantage - The Advantage of Consulting Psychologists Over Testifying Experts

This 90-minute legal webinar, led by Catherine Scarf, Ph.D., will illuminate the often-overlooked benefits of engaging a consulting psychologist in legal matters. Attorneys will learn how consulting psychologists provide confidential, strategic insights that can strengthen case preparation, and enhance cross-examination strategies-all without the limitations and disclosures required of testifying experts. The program will clarify the distinct roles of consulting versus testifying psychologists, present real-world examples illustrating the value of consulting expertise, and offer actionable tips for maximizing the impact of psychological consultation in litigation. This program is essential for legal professionals seeking to gain a competitive edge when psychological expertise is a factor in their case, while minimizing risks of using a testifying expert, and maintaining confidentiality.

In this webinar, we will explore:

• I. Introduction (10 minutes)
  Welcome and speaker introduction: Dr. Catherine Scarf
  Overview of webinar objectives
  Clarify the distinct roles of consulting vs. testifying psychologists
  Highlight the unique strategic benefits for attorneys

  II. Understanding the Roles: Consulting vs. Testifying Psychologists (15 minutes)
  Definitions and key distinctions
  Testifying psychologist: court-facing, subject to discovery and cross-examination
  Consulting psychologist: behind-the-scenes, not subject to disclosure, supports case strategy
  Ethical and legal boundaries for each role

  III. The Strategic Benefits of Using a Consulting Psychologist (20 minutes)
  Confidentiality and work-product protection
  Objective, candid feedback on case strengths and weaknesses
  Ability to review and critique opposing expert’s data and testimony
  Support in formulating deposition and cross-examination questions
  Guidance in selecting and preparing testifying experts
  Enhanced attorney education on psychological concepts and pitfalls

  IV. Practical Applications: How Consulting Psychologists Add Value (20 minutes)
  Case document and test protocol review
  Assistance with trial exhibit preparation (specifically relating to psychological testimony)
  Advising on psychological nuances in opposing party’s testimony
  Real-world examples and case studies
  V. Comparing Outcomes: Consulting vs. Testifying Psychologist Involvement (10 minutes)
  Risks and limitations of relying solely on testifying experts
  How consulting psychologists help attorneys avoid common pitfalls and strengthen case strategy

  VI. Actionable Tips for Attorneys (10 minutes)
  When and how to engage a consulting psychologist
  Best practices for maximizing the value of a consulting expert
  Questions to ask when vetting a consulting psychologist

  VII. Q&A and Discussion (15 minutes)
  Open floor for attendee questions
  Discussion of specific scenarios and challenges

  VIII. Conclusion (5 minutes)
  Recap of key takeaways
  Resources for further learning

Faculty

As a testifying expert, Dr. Scarf has participated in numerous legal proceedings. She has also trained and mentored psychologists in the area of psychological assessment.

Throughout her career, Dr. Scarf has conducted and reviewed psychological assessments in both criminal and civil manners. She understands the legal implications of psychological assessments, recognizing the significant consequences they can have on all parties involved in a case.