The psychologically vulnerable witness: an emerging forensic consulting role

The role of witness consultant is emerging as forensic psychiatrists and psychologists provide valuable input as participants in witness development teams. Anecdotally, retained experts also have undertaken a witness consultant role when asked or pressured to do so by the retaining attorney. Forensic psychiatrists and psychologists with extensive treatment and testimony experience may be of assistance to attorneys in preparing psychologically vulnerable clients and nonparty witnesses to tell their stories effectively at trial. In addition to litigation, other venues of witness consultation include administrative, congressional, and state legislative proceedings. In litigation, the witness consultant works directly with the attorney in support of the attorney's counselor role with the client. As an agent of the attorney, the identity of the witness consultant is shielded by the attorney-client privilege. The witness consultant does not meet face to face with the witness unless otherwise indicated. Collateral sources of information are used in providing witness consultation. The witness consultant can identify and provide management techniques for the psychological issues that threaten to impair a witness's ability to testify effectively. The consultant also may be able to assist the attorney who is experiencing difficulty in his or her relationship with a client or a nonparty witness.