The third edition of this classic resource provides mental health professionals with simple, practical advice for testifying in court.
In this book, Stan Brodsky maintains his witty, conversational style of teaching while modeling ideal testimony. Short chapters blend humorous anecdotes with accessible guidelines drawn from Brodsky amp rsquo s decades of experience as an expert witness and trainer, and from colleagues in various fields, including medical professionals. Each chapter concludes with a pithy maxim that emphasizes the most important takeaway for readers, making this book an ideal reference that can be consulted just prior to court appearances.
New to this edition are:
substantial updates and revisions to existing guidelines and case examples
new and updated topics, including advice for virtual testimony and revised coverage of culture and diversity in forensic evaluations
a clearer organization with chapters grouped by themes such as pretrial preparations, direct examination, and cross-examination, and
an appendix that gathers all the book's maxims together for easy reference.
Acknowledgments
Introduction: More Ways to Maxim-ize Your Testimony
I. PRIOR TO TESTIMONY
. Beginning to Think and Act Like an Expert Witness
2. Cherry-Picking
3. Courtroom as Place Identity
4. Culture and Diversity in Forensic Work
5. Flawed Collateral and Assessment Data
. Intimidation Before Testimony
7. Preparation on the Go
8. Psychotherapists in Court: To Testify or Not to Testify
9. Report Matters
. Socializing With Attorneys and Other Parties
. Staying Current
2. To Be an Expert
3. Uninvolved and Inept Attorneys
4. Virtual Testimony
5. What to Wear
II. THE SKILLED WITNESS
. Burden of Proof and Degree of Certainty
7. Changing Your Mind
8. Fooled by the Face
9. The Learned Treatise : Writings of Authorities
2 . The Learned Treatise 2: What You Have Written
2 . Listening Well
22. The Rumpelstiltskin Principle
23. Saying amp ldquo I Don amp rsquo t Know amp rdquo Versus Waffling
24. Using Quiet Times
25. When the Expert Is Not Allowed to Answer
2 . Wit-Free Testimony
III. OBJECTIVITY CHALLENGES
27. Allegiance Effects
28. Hired Guns
29. Professional Witnesses and Professionalism
IV. DIRECT EXAMINATION
3 . Beginnings: The Good Direct Examination
3 . Brushed-Off Direct Examination
32. Diverging on Direct Examination
33. The Language of Testimony
V. CROSS-EXAMINATION
34. Abrasive and Attacking Cross-Examinations
35. The Abysmal History Gambit
3 . The Admit amp ndash Deny Response
37. Challenges to Experience : Insufficient Experience
38. Challenges to Experience 2: Case-Specific Experience
39. Challenges to Experience 3: The Case Against Experience
4 . Credentialing and Qualifications: Common Challenges
4 . Disaster Relief
42. DSM-5: The Cautionary Statement
43. The Expert Gaze
44. Looking at the Jury
45. Negative Assertions
4 . Perspective Taking
47. Power and Control on the Witness Stand
48. Probes for Guilt and Shame
49. The Push amp ndash Pull Technique
5 . Set-Ups and Takedowns
5 . Surprise Questions
52. Theatrical and Outlandish Attorneys
53. Transformative Moments
54. Vigorous Cross-Examinations, Vigorous Answers
55. Your Expertise Used Against You
VI. WHAT NOT TO DO
5 . Feisty Experts
57. Frittering Away Trustworthiness
58. Humor
59. Implicit Vouching and Winking at the Jury
. The Lateral Arabesque
. Meandering Expertise
2. Narcissistic Experts
3. Predictable Answers
4. Recalcitrant and Unprepared: The Case for Consultation
5. Testifying While Sick or Under the Influence
. Traumatic Experiences on the Stand
7. Worst Expert Testimony Ever
VII. AFTER YOUR TESTIMONY
8. Fugue State Testimony
9. Moving On
7 . When It Is Over
Appendix: Maxims for Quick Review
References
Index
About the Author
