Guiding Your Client Through a Forensic Psychological Evaluation

A forensic psychological evaluation can be a pivotal point in a criminal case, and how your client prepares for it can make a significant difference. These evaluations, whether for competency to stand trial, criminal responsibility, violence risk, or mitigation, are most effective when the client understands what to expect and how to participate.

As their attorney, your role is to set realistic expectations and ensure they understand the purpose of the evaluation. Unlike a therapy session, this is not a confidential space, and everything they say can be included in the final report and used in court.

The Do's:

  • Explain the Purpose Clearly: Tell your client that the forensic psychologist is there to answer a specific legal question, not to be their therapist. Emphasize that the evaluation is an objective, court-focused assessment and the forensic psychologist’s role is to remain neutral, and their findings will be shared with the court.

  • Encourage Honesty: Advise your client to be truthful and open. Inconsistencies or omissions can undermine the credibility of the evaluation and your case.

  • Set Expectations: Explain that the evaluation process may include interviews, psychological testing, and a review of records, so it may take several hours or even multiple sessions. Let them know results won’t be immediate, as the forensic psychologist will need time to analyze findings and prepare a formal report.

The Don'ts:

  • Don't "Coach" the Answers: While it’s important your client feels prepared, avoid telling them exactly what to say. A thorough clinical interview and assessment measures often can detect inconsistencies in responses, which can damage the reliability of the assessment.

  • Don't Downplay Symptoms: While exaggeration is a problem, so is minimizing genuine issues. Advise your client to describe their feelings and experiences as they are, without trying to appear "tough" or "fine."

  • Don't Surprise Them: Ensure your client knows the evaluation's format – that it will involve interviews, standardized tests, and a review of personal history. Surprises can lead to anxiety and hinder the evaluation process.

By preparing your client with these guidelines, you help ensure the evaluation is a fair and accurate assessment of their mental state, providing the court with a credible and reliable expert opinion.

The Wright Group will ensure your client is prepared and your case is strong. Connect with us for a consultation.

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What Attorneys Need to Know About Forensic Psychological Evaluations