Date - Saturday, June 13, 2020
9:00 am - 12:00 pm
Fairfax — Hilton Garden Inn
CE Credits: 3
Price: $ 150
See Outline Below.
Ethical & Legal Consequences of
Role Confusion in Court-Related Cases:
Are You Clear About Your Role?
Mary Alice Fisher, Ph.D.
What are the implications of our confusion about our different roles in court cases?
Is our role voluntary or “involuntary?” What are the ethical, legal, and clinical impacts?
How does our confusion create misperceptions of our roles by attorneys, judges, and the public?
I. Possible Roles of Mental Health Professionals in Court-Related Cases
A. Voluntary Roles
B. “Involuntary” Roles
II. Ethical Standards, Guidelines, & Professional Advice about Court-Related Roles
A. Ethical Standards Relevant to Court Cases
B. Differential Ethical Responsibilities Across Court-Related Roles (Chart)
C. Professional Observations About Preparedness for Court-Related Roles
III. Legal Information
A. Selected Virginia Statutes
1. Privilege Statutes
§ 8.01-399 (Psychiatrists and Clinical Psychologists)
§ 8.01-400.2 (Other Mental Health Professionals)
2. Health Records Privacy Statute
3. Allowable Fees for Copies of Records
§ 8.01-413 (Released Voluntarily to Others as Potential Evidence)
§32.1-127.1:03 (Released to Client)
§ 8.01-401.1 (Fact Witness vs. Expert Opinion)
B. Court Decisions
1. Virginia Supreme Court — Fairfax Hospital vs. Patricia Curtis
2. U.S. Supreme Court — Jaffee vs. Redmond
IV. Responding Ethically to Legal Demands
A. Responding to “Informal” Legal Demands (§ 8.01-399)
B. Recommendations about Responding to Subpoenas vs. Court Orders
C. Responding to Record Requests in Multi-Client Cases
D. Providing Deposition or Courtroom Testimony
V. Implications of Role Confusion & Role Conflicts
A. Ethical Implications
B. Legal and Risk-Management Considerations
C. Clinical Implications
D. Creating Impressions that Confuse Attorneys, Judges, & the Public