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SPECIALTY GUIDELINES FOR 7. FEES
FORENSIC PSYCHOLOGY
7.01 Determining Fees
7.02 Fee Arrangements
Prepared by Committee on the Revision of the Specialty
Guidelines for Forensic Psychology 8. NOTIFICATION, ASSENT, CONSENT, AND INFORMED
CONSENT
FOURTH DRAFT 9/2/08 8.01 Timing and Substance
8.02 Communication with Those Seeking to Retain a Forensic
1. INTRODUCTION Practitioner
8.03 Communication with Forensic Examinees
1.01 History of the Specialty Guidelines for Forensic Psychology 8.03.01 Persons Not Ordered or Mandated to Undergo
1.02 Definitions and Terminology Examination
1.03 Nature of Forensic Psychology 8.03.02 Persons Ordered or Mandated to Undergo Examination
1.04 Services and Functions 8.03.03 Persons Lacking Capacity to Provide Informed Consent
8.04 Communication with Collateral Sources of Information es
2. NATURE AND SCOPE OF THE GUIDELINES 8.05 Communication in Research Contexts
2.01 Intended Users 9. CONFLICTS IN PRACTICE
2.02 Aspirational Model
2.03 Goals 9.01 Conflicts with Legal Authority
2.04 Professional Discretion and Judgment 9.02 Conflicts with Organizational Demands
9.03 Resolving Ethical Issues with Fellow Professionals
3. RESPONSIBILITIES
10. PRIVACY, CONFIDENTIALITY, AND PRIVILEGE
3.01 Integrity
3.02 Impartiality and Fairness 10.01 Release of Information
3.03 Avoidance of Conflicts of Interest 10.02 Access to Information
10.03 Acquiring Third Party Information
4. COMPETENCE 10.04 Use of Case Materials in Teaching, Continuing
Education, and Other Scholarly Activities
4.01 Scope of Competence
4.02 Gaining and Maintaining Competence 11. METHODS AND PROCEDURES
4.03 Representation of Competencies
4.04 Knowledge of the Legal System and the Legal Rights of 11.01 Use of Appropriate Methods
Individuals 11.02 Use of Multiple Sources of Information
4.05 Knowledge of the Scientific Foundation for Testimony and 11.03 Opinions Regarding Persons Not Examined
Sworn Statements
4.06 Knowledge of the Scientific Foundation for Teaching and 12. ASSESSMENT
Research
4.07 Considering the Impact of Personal Beliefs and Experience 12.01 Focus on Legally Relevant Factors
4.08 Appreciation of Individual Differences 12.02 Appropriate Use of Assessment Procedures
4.09 Appropriate Use of Services and Products 12.03 Appreciation of Individual Differences
12.04 Providing Assessment Feedback
5. DILIGENCE 12.05 Documentation and Compilation of Data Considered
12.06 Provision of Documentation
5.01 Provision of Services 12.07 Record Keeping
5.02 Responsiveness
5.03 Communication 13. PROFESSIONAL AND OTHER PUBLIC
5.04 Termination of Services COMMUNICATIONS
6. RELATIONSHIPS 13.01 Accuracy, Fairness, and Avoidance of Deception
13.02 Differentiating Observations, Inferences, and
6.01 Responsibilities to Retaining Parties Conclusions
6.02 Multiple Relationships 13.03 Disclosing Sources of Information and Bases of Opinions
6.02.01 Therapeutic-Forensic Role Conflicts 13.04 Comprehensive and Accurate Presentation of Opinions in
6.02.02 Expert Testimony by Practitioners Providing Reports and Testimony
Therapeutic Services 13.05 Commenting Upon Other Professionals and Participants
6.02.03 Provision of Forensic Therapeutic Services in Legal Proceedings
6.03 Provision of Emergency Mental Health Services 13.06 Out of Court Statements
13.07 Commenting Upon Legal Proceedings
1
APPENDIX I: BACKGROUND OF THE GUIDELINES AND
THE REVISION PROCESS
A. History of the Guidelines
B. Revision Process
C. Need for the Guidelines
D. Developers and Support
E. Background Literature
F. Current Status
APPENDIX II: DEFINITIONS AND TERMINOLOGY
Submit comments regarding this draft to:
sgfpdraft@yahoo.com
or
Randy Otto, PhD
FMHI
13301 N. 30th St.
Tampa, FL 33612
(F): 813-974-6411
When submitting comments please identify the specific section
you are referencing (e.g., 7.01, 8.03.03) and provide
recommended alternative language when appropriate.
2
SPECIALTY GUIDELINES FOR or testimony to judicial, legislative or
FORENSIC PSYCHOLOGY administrative bodies; acting in an adjudicative
capacity; serving as a trial consultant or otherwise
FOURTH DRAFT offering expertise to attorneys, the courts, or
RELEASED SEPTEMBER 2, 2008 others; conducting research in connection with, or
in the anticipation of, litigation; or involvement in
1. INTRODUCTION educational activities of a forensic nature.
1.01 History of the Specialty Guidelines for Psychological practice is not considered forensic
Forensic Psychology solely because the conduct takes place in, or the
product is presented in, a tribunal or other judicial,
This document replaces the 1991 Specialty legislative, or administrative forum. For example,
Guidelines for Forensic Psychologists which were when a party (such as a civilly or criminally
approved by the American Psychology-Law detained individual) or another individual (such as
Society, Division 41 of the American a child whose parents are involved in divorce
Psychological Association (APA) and the proceedings) is ordered into treatment with a
American Board of Forensic Psychology. The practitioner, that treatment is not necessarily the
current revision has also been approved by the practice of forensic psychology. In addition,
Council of Representatives of the American psychological testimony that is solely based on the
Psychological Association. Appendix I includes a provision of psychotherapy and does not include
discussion of the revision process, enactment, and psycholegal opinions is not ordinarily considered
current status of these Guidelines. forensic practice.
1.02 Definitions and Terminology For the purposes of these Guidelines, “forensic
practitioner” refers to a psychologist when
Appendix II includes definitions and terminology engaged in the practice of forensic psychology as
as used for the purposes of these Guidelines. described above. Such professional conduct is
considered forensic from the time the practitioner
1.03 Nature of Forensic Psychology reasonably expects to, agrees to, or is legally
mandated to, provide expertise on an explicitly
For the purposes of these Guidelines, forensic psycholegal issue.
psychology refers to all professional practice by
any psychologist working within any sub- 1.04 Services and Functions
discipline of psychology (e.g., clinical,
developmental, social, cognitive) when applying The provision of forensic services may include a
the scientific, technical, or specialized knowledge wide variety of psycholegal roles and functions.
of psychology to the law to assist in addressing For example, as researchers, forensic practitioners
legal, contractual, and administrative matters. may participate in the collection and
Application of the Guidelines does not depend on dissemination of data that are relevant to various
the practitioner’s typical areas of practice or legal issues. As advisors, forensic practitioners
expertise, but rather on the service provided in the may provide an attorney with an informed
case at hand. These Guidelines apply in all understanding of the role that psychology can
matters in which practitioners provide forensic play in the attorney’s case. As consultants,
psychological expertise to judicial, administrative, forensic practitioners may explain the practical
and educational systems including, but not limited implications of relevant research, examination
to, examining or treating persons in anticipation of findings, and the opinions of other psycholegal
or subsequent to legal, contractual, administrative, experts. As examiners, forensic practitioners may
proceedings; offering expert opinion about assess an individual’s functioning and report
psychological issues in the form of amicus briefs findings to the attorney, a legal tribunal, an
3
employer, an insurer, or others. As treatment enforcement mechanism; guidelines reflect
providers, forensic practitioners may provide aspirations for accomplishment and are not
therapeutic services tailored to the issues and accompanied by an enforcement mechanism.
context of a legal proceeding. As mediators or
negotiators, forensic practitioners may serve in a These Guidelines should be considered in
third-party neutral role and assist parties in conjunction with the Ethical Principles of
resolving disputes. As arbiters, special masters, Psychologists and Code of Conduct (EPPCC).
or case managers with decision-making authority, The Guidelines are advisory and are to be
forensic practitioners may serve parties, understood only as providing further guidance for
attorneys, and the courts. forensic practitioners and others.
2. NATURE AND SCOPE OF THE The Guidelines are not mandatory or exhaustive
GUIDELINES and may not be applicable to every forensic
situation or jurisdiction. As such, the Guidelines
2.01 Intended Users are advisory in areas in which the forensic
practitioner has discretion to exercise professional
These Guidelines are intended for use by judgment that is not prohibited or mandated by the
psychologists when engaged in the practice of EPPCC or by applicable law, rules, or regulations.
forensic psychology as described above (1.02, The Guidelines neither add obligations to nor
1.03, and 1.04), and may also provide guidance on eliminate obligations from the EPPCC, but
professional conduct to the legal system, other provide additional guidance for psychologists.
organizations, and professions.
The modifiers used in the Guidelines (e.g.,
2.02 Aspirational Model reasonably, appropriate, potentially) are included
in recognition of the need for professional
The Guidelines are aspirational in nature and judgment on the part of forensic practitioners;
recommend professional behavior and conduct for ensure applicability across the broad range of
forensic practitioners. They are intended to activities conducted by forensic practitioners; and
inform the judgment of forensic psychologists and reduce the likelihood of enacting an inflexible set
not replace it. Forensic practitioners adhere to of guidelines that might be inapplicable as
applicable codes of ethics and laws, rules and forensic practice evolves. The use of these
regulations; and consider all appropriate sources modifiers, and the recognition of the role of
of professional authority to inform their behavior professional discretion and judgment, also reflects
in forensic settings. that forensic practitioners are likely to encounter
facts and circumstances not anticipated by the
2.03 Goals Guidelines and they may have to act upon
uncertain or incomplete evidence. The Guidelines
The goals of the Guidelines are to improve the may provide general or conceptual guidance in
quality of forensic psychological services; such circumstances. The Guidelines do not,
enhance the practice and facilitate the systematic however, exhaust the legal, professional, moral,
development of forensic psychology; encourage a and ethical considerations that inform forensic
high level of quality in professional practice; and practitioners, for no complex activity can be
encourage forensic practitioners to acknowledge completely defined by legal rules, codes of
and respect the rights of those they serve. conduct, and aspirational guidelines.
2.04 Professional Discretion and Judgment
Guidelines differ from practice standards and
other required codes of conduct. Standards are
mandatory and may be accompanied by an
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2.05 Limitations the adversarial nature of the legal system and
strive to treat all participants and weigh all data,
The Guidelines are not intended to serve as a basis opinions, and rival hypotheses objectively.
for disciplinary action or civil liability. The
standard of care is established by a competent When conducting forensic examinations, forensic
authority not by the Guidelines. No ethical, practitioners are unbiased and objective, and they
licensure, or other administrative action or avoid partisan presentation of unrepresentative,
remedy, nor any other cause of action, should be incomplete, or inaccurate evidence that might
taken solely on the basis of a forensic practitioner mislead finders of fact. This guideline does not
acting in a manner consistent or inconsistent with preclude forceful presentation of the data and
these Guidelines. reasoning upon which a conclusion or professional
product is based.
In cases in which a competent authority references
the Guidelines when formulating standards, the When providing educational services, forensic
Guidelines advise that the authority consider that practitioners represent alternative perspectives,
the Guidelines attempt to identify a high level of including data, studies, or evidence on both sides
quality in forensic practice. Competent practice is of the question, in an accurate, fair and
defined as the conduct of a reasonably prudent professional manner, and demonstrate a
forensic practitioner engaged in similar activities willingness to weigh and present all views, facts,
in similar circumstances. Professional conduct or opinions impartially.
evolves and may be viewed along a continuum of
adequacy, and “minimally competent” and “best When conducting research, forensic practitioners
possible” are usually different points along that represent results in a fair and objective manner.
continuum. Forensic practitioners utilize research designs and
scientific methods that adequately and fairly test
The Guidelines are designed to be national in the questions at hand, and they resist partisan
scope and are intended to be consistent with state pressures to develop designs or report results in
and federal law. ways that might be misleading or unfairly bias the
results of a test, study, or evaluation.
3. RESPONSIBILITIES
3.03 Avoiding Conflicts of Interest
3.01 Integrity
Forensic practitioners refrain from taking on a
Forensic practitioners seek to promote accuracy, professional role when personal, scientific,
honesty, and truthfulness in the science, teaching, professional, legal, financial, or other interests or
and practice of forensic psychology and they resist relationships could reasonably be expected to
partisan pressures to provide services in any ways impair their objectivity, competence, or
that might tend to be misleading or inaccurate. effectiveness.
3.02 Impartiality and Fairness Forensic practitioners identify, make known, and
address real or apparent conflicts of interest in an
When offering expert opinion to be relied upon by attempt to maintain the public confidence and
a decision maker, providing forensic therapeutic trust, discharge professional obligations, and
services, or teaching or conducting research maintain responsibility, objectivity, and
forensic practitioners demonstrate commitment to accountability. Whenever possible, such conflicts
the goals of accuracy, objectivity, fairness, and are revealed to all parties as soon as they become
independence. Forensic practitioners recognize known to the psychologist. Forensic practitioners
consider whether a prudent and competent
forensic practitioner engaged in similar
5
circumstances would determine that the ability to 4.03 Representing Competencies
make a proper decision is likely to become
impaired under the immediate circumstances. Consistent with the EPPCC, forensic practitioners
adequately and accurately inform all recipients of
When a conflict of interest is determined to be their services (e.g., attorneys, tribunals) about
manageable, continuing services are provided and relevant aspects of the nature and extent of their
documented in a way to manage the conflict, experience, training, credentials, and
maintain accountability, and preserve the trust of qualifications, and how they were obtained.
relevant others (also see Section 6.02).
4.04 Knowledge of the Legal System and the
4. COMPETENCE Legal Rights of Individuals
4.01 Scope of Competence Forensic practitioners are responsible for a
fundamental and reasonable level of knowledge
In determining one’s competence to provide and understanding of the legal and professional
services in a particular matter, forensic standards, laws, rules, and precedents that govern
practitioners consider a variety of relevant factors their participation in legal proceedings and that
including the relative complexity and specialized guide the impact of their services on service
nature of the service, relevant training and recipients.
experience, the preparation and study they are able
to devote to the matter, and the opportunities for Forensic practitioners manage their professional
consultation with a professional of established conduct in a manner that does not threaten or
competence in the subject matter in question. impair the rights of affected individuals. They
Even with regard to subjects in which they are consult with, and refer others to, legal counsel on
expert, forensic practitioners may choose to matters of law. Although they do not provide
consult with colleagues. formal legal advice or opinions, forensic
practitioners may provide legal information to
4.02 Gaining and Maintaining Competence examinees or others based on their knowledge and
experience. They distinguish this advice from
Competence can be acquired through various legal opinions, however, and encourage
combinations of education, training, supervised consultation with attorneys as appropriate.
experience, consultation, study, and professional
experience. Forensic practitioners planning to 4.05 Knowledge of the Scientific Foundation for
provide services, teach, or conduct research Opinions and Testimony
involving populations, areas, techniques, or
technologies that are new to them undertake When providing opinions and testimony that are
relevant education, training, supervised based on novel or emerging principles and
experience, consultation, or study. methods forensic practitioners, when possible,
make known the limitations of these principles
Forensic practitioners make ongoing efforts to and methods. Forensic practitioners seek to
develop and maintain their competencies. To provide opinions and testimony that are
maintain the requisite knowledge and skill, sufficiently based upon adequate scientific
forensic practitioners keep abreast of foundation,and reliable and valid principles and
developments in the fields of psychology and the methods that have been applied appropriately to
law and engage in continuing study and education. the facts of the case.
6
4.06 Knowledge of the Scientific Foundation for 5. DILIGENCE
Teaching and Research
5.01 Provision of Services
Forensic practitioners engage in teaching and
research activities in which they have adequate Forensic practitioners seek explicit agreements
knowledge, experience, and education. They that define the scope of, time-frame of, and
adhere to recognized and accepted principles of compensation for their services. In the event that
research design and scientific method, and a client breaches the contract or behaves in a
acknowledge substantial relevant limitations and manner that would compromise the ethical
caveats inherent in their procedures and obligations of the forensic practitioner, the
conclusions. forensic practitioner may terminate the
relationship. Forensic practitioners act with
4.07 Considering the Impact of Personal Beliefs reasonable diligence and promptness in providing
and Experience agreed-upon and reasonably anticipated services.
Forensic practitioners are not bound, however, to
Forensic practitioners recognize that their own provide services not reasonably anticipated when
attitudes, values, beliefs, opinions, or biases may retained, nor to provide every possible aspect or
diminish their ability to practice in a competent variation of service. Instead, forensic practitioners
and impartial manner. Under such circumstances, exercise professional discretion in determining the
forensic practitioners take steps to correct or limit extent and means by which services are provided
such effects, decline participation in the matter, or and agreements are fulfilled.
limit their participation in a manner that is
consistent with professional obligations. 5.02 Responsiveness
4.08 Appreciation of Individual Differences Forensic practitioners manage their workloads so
that services can be provided thoroughly,
When scientific or professional knowledge in the competently, and promptly. Acting with
discipline of psychology establishes that an reasonable promptness, however, does not require
understanding of factors associated with age, the forensic practitioner to acquiesce to service
gender, gender identity, race, ethnicity, culture, demands not reasonably anticipated at the time the
national origin, religion, sexual orientation, service was requested, nor does it require the
disability, language, socioeconomic status, or forensic practitioner to provide services if the
other relevant individual differences affects client has not acted in a manner consistent with
implementation or use of their services or existing agreements, including payment of fees.
research, forensic practitioners gain the necessary
training, experience, consultation, or supervision. 5.03 Communication
They do not engage in unfair discrimination based
on such factors or on any basis proscribed by law. Forensic practitioners keep their clients reasonably
They take steps to correct or limit the effects of informed about the status of their services, comply
such factors on their work, decline participation in with their clients’ reasonable requests for
the matter, or limit their participation in a manner information, and consult with their clients about
that is consistent with professional obligations. any substantial limitation on their conduct or
performance that may arise when they reasonably
4.09 Appropriate Use of Services and Products believe that their clients anticipate a service that
may not be consistent with the Guidelines.
Forensic practitioners make a reasonable effort to Forensic practitioners attempt to keep their clients
guard against misuse of their services and exercise reasonably informed regarding new facts,
professional discretion in addressing such misuses. opinions, or other potential evidence that may be
salient.
7
5.04 Termination of Services privileged information as a way of protecting the
retaining party’s interest in case a conflict exists as
The forensic practitioner carries through to a result of pre-existing relationships.
conclusion all matters undertaken for a client
unless the forensic practitioner-client relationship At the initiation of any request for service,
is terminated. When a forensic practitioner’s forensic practitioners clarify the nature of the
employment is limited to a specific matter, the relationship and the services to be provided
relationship terminates when the matter has been including the role of the forensic practitioner (e.g.,
resolved, when anticipated services have been trial consultant, forensic examiner, treatment
completed, or when the agreement has been provider, expert witness, research consultant);
violated. which person or entity is the client; the probable
uses of the services provided or information
6. RELATIONSHIPS obtained; and any limitations to privacy,
confidentiality, or privilege.
Whether a forensic practitioner-client relationship
exists depends on the circumstances and is 6.02 Multiple Relationships
determined by a number of factors which may
include the information exchanged between the A multiple relationship occurs when a forensic
potential client and the forensic practitioner prior practitioner is in a professional role with a person
to, or at the initiation of, any contact or service, and, at the same time or at a subsequent time, is in
the nature of the interaction, and the purpose of a different role with the same person; is involved
the interaction. in a personal, fiscal, or other relationship with an
adverse party; at the same time is in a relationship
In their work, forensic practitioners establish with a person closely associated with or related to
relationships with those who retain their services the person with whom the forensic practitioner has
(e.g., retaining parties, employers, insurers, the the professional relationship; or offers or agrees to
court) and those with whom they interact (e.g., enter into another relationship in the future with
examinees, collateral contacts, research the person or a person closely associated with or
participants, students). Forensic practitioners related to the person.
recognize that associated obligations and duties
vary as a function of the nature of the relationship. Forensic practitioners recognize the potential
conflicts of interest and threats to objectivity
6.01 Responsibilities to Retaining Parties inherent in multiple relationships. Forensic
practitioners recognize that some personal and
Most responsibilities to the retaining party attach professional relationships may interfere with their
only after the retaining party has requested and the ability to practice in a competent and objective
forensic practitioner has agreed to render manner and they seek to minimize any detrimental
professional services and an agreement regarding effects by avoiding involvement in such matters
compensation has been reached. Forensic whenever feasible or limiting their assistance in a
practitioners are aware that there are some manner that is consistent with professional
responsibilities, such as privacy, confidentiality, obligations.
and privilege that may attach when the forensic
practitioner agrees to consider whether a forensic 6.02.01 Therapeutic-Forensic Role Conflicts
practitioner-retaining party relationship shall be
established. Forensic practitioners, prior to Providing forensic and therapeutic psychological
entering into a contract, may direct the potential services to the same individual or closely related
retaining party not to reveal any confidential or individuals is considered a multiple relationship that
may impair objectivity and/or cause exploitation or
other harm. Therefore, when requested or ordered to
8
provide either concurrent or sequential forensic and 6.02.03 Provision of Forensic Therapeutic
therapeutic services, forensic practitioners disclose Services
the potential risk and make reasonable efforts to
refer the request to another qualified provider. If Although some therapeutic services can be
referral is not possible, the forensic practitioner considered forensic in nature, the fact that
considers the risks and benefits to all parties and therapeutic services are ordered by the court or are
to the legal system or entity likely to be impacted, delivered to someone does not necessarily make
the possibility of separating each service widely in them forensic.
time, seeking judicial review and direction, and
consulting with knowledgeable colleagues. When In determining whether a therapeutic service
providing both forensic and therapeutic services, should be considered the practice of forensic
forensic practitioners act to minimize the potential psychology, psychologists consider the
negative effects of this circumstance. potential impact of the legal context on
treatment, the potential for treatment to impact
6.02.02 Expert Testimony by Practitioners the psycholegal issues involved in the case, and
Providing Therapeutic Services whether another reasonable psychologist in a
similar position would consider the service to
Providing expert testimony about a patient who is be forensic and these Guidelines to be
a participant in a legal matter does not necessarily applicable.
involve the practice of forensic psychology even
when that testimony is relevant to a psycholegal Therapeutic services can have significant effects
issue that is before the decision-maker. For on current or future legal proceedings. Forensic
example, providing testimony on matters such as a practitioners are encouraged to consider these
patient’s reported history or other statements, effects and minimize any unintended or negative
mental status, diagnosis, progress, prognosis, and effects on such proceedings or therapy when they
treatment would not ordinarily be considered provide therapeutic services in forensic contexts.
forensic practice even when the testimony is
related to a psycholegal issue before the decision- 6.03 Provision of Emergency Mental Health
maker. Rendering opinions and providing Services to Forensic Examinees
testimony about a person on psycholegal issues
(e.g., criminal responsibility, legal causation, When providing forensic examination services an
proximate cause, trial competence, testamentary emergency may arise that requires the forensic
capacity, the relative merits of parenting practitioner to provide therapeutic services to the
arrangements) would ordinarily be considered the examinee in order to prevent imminent harm to the
practice of forensic psychology. examinee or others. In such cases, the forensic
practitioner limits disclosure of information to that
Forensic practitioners provide testimony only on which is consistent with applicable law, code,
those issues for which they have adequate statute, and order of the court, and informs the
foundation and only when a reasonable forensic retaining attorney, legal representative, or the
practitioner engaged in similar circumstances court in an appropriate manner. Upon providing
would determine that the ability to make a proper emergency treatment to examinees, forensic
decision is unlikely to be impaired. As with practitioners determine whether they can continue
testimony regarding forensic examinees, the in a forensic role with that individual.
testimony identifies any substantial lack of
corroboration or other substantive limitation that
may affect the reliability and validity of the fact or
opinion offered and communicates these to the
decision maker.
9
7. FEES In determining what information to impart,
forensic practitioners consider a variety of factors
7.01 Determining Fees including the person’s experience or training in
psychological and legal matters of the type
When determining fees forensic practitioners may involved and whether the person is represented by
consider salient factors such as their experience counsel. When questions or uncertainties remain
providing the service, the time and labor required, after they have made the effort to explain the
the novelty and difficulty of the questions necessary information, forensic practitioners
involved, the skill required to perform the service, consider recommending that the person seek legal
the fee customarily charged for similar forensic advice.
services, the likelihood that the acceptance of the
particular employment will preclude other 8.02 Communication with Those Seeking to
employment, the time limitations imposed by the Retain a Forensic Practitioner
client or circumstances, and the nature and length
of the professional relationship with the client. As part of the initial process of being retained, or
as soon thereafter as previously unknown
7.02 Fee Arrangements information becomes available, forensic
practitioners disclose to the retaining party
Forensic practitioners avoid undue influence that information that would reasonably be anticipated
might result from financial compensation or other to affect a decision to retain or continue the
gains. Because of the threat to objectivity services of the forensic practitioner. This
presented by the acceptance of contingent fees and disclosure includes all information that the
associated legal prohibitions, forensic practitioners reasonably prudent recipient of service would
avoid providing professional services on the basis desire to know and may include, but is not limited
of contingent fees. to, the fee structure for anticipated services; prior
and current personal or professional activities,
Letters of protection, financial guarantees, and obligations and relationships that would
other security for payment of fees in the future are reasonably lead to the fact or the appearance of a
not considered contingent fees unless payment is conflict of interest; the forensic practitioner’s
dependent on the outcome of the matter. knowledge, skill, experience, and education
relevant to the forensic services being considered,
8. INFORMED CONSENT, NOTIFICATION including any significant limitations; and the
AND ASSENT scientific bases and limitations of the methods and
procedures which are expected to be employed.
Because substantial rights, liberties, and properties
are often at risk in forensic matters and because 8.03 Communication with Forensic Examinees
the methods and procedures of forensic
practitioners are complex and may not be Forensic practitioners disclose to the examinee
accurately anticipated by the recipients of forensic information that may include, but may not be
services, forensic practitioners inform service limited to the purpose, nature, and anticipated use
recipients about the nature and parameters of the of the examination; who will have access to the
services to be provided. information; associated limitations on privacy,
confidentiality, and privilege including who is
8.01 Timing and Substance authorized to release or access the information
contained in the forensic practitioner’s records; the
Forensic practitioners inform clients, examinees, voluntary or involuntary nature of participation,
and others who are the recipients of forensic including potential consequences of participation
services as soon as is feasible about the nature and
extent of reasonably anticipated forensic services.
10
or non-participation, if known; and, if the cost of appropriate permission from a legally authorized
the service is the responsibility of the examinee, person, as permitted or required by law.
the anticipated cost.
For examinees whom the forensic practitioner has
8.03.01 Persons Not Ordered or Mandated to concluded lack capacity to provide informed
Undergo Examination consent to a proposed, non-court-ordered service,
but who have not been adjudicated as lacking such
If the examinee is not ordered by the court to capacity, the forensic practitioner takes reasonable
participate in a forensic examination, the forensic steps to protect their rights and welfare. This may
practitioner obtains his or her informed consent. be accomplished by suspending the proposed
If the examinee declines to proceed after being service or notifying the examinee’s attorney or the
notified of the nature and purpose of the forensic retaining party.
examination, the forensic practitioner postpones
the examination, advises the examinee to contact 8.04 Communication with Collateral Sources of
his or her attorney, and notifies the retaining party Information
about the examinee’s unwillingness to proceed.
Forensic practitioners disclose to collateral
8.03.02 Persons Ordered or Mandated to sources of information relevant information that
Undergo Examination or Treatment may include, but may not be limited to, who has
retained the forensic practitioner; the nature,
If the examinee is ordered by the court to purpose, and intended use of the examination or
participate, the forensic practitioner can conduct other procedure; associated limits on privacy,
the examination over the objection, and without confidentiality, and privilege; and whether their
the consent, of the examinee. If the examinee participation is voluntary.
declines to proceed after being notified of the
nature and purpose of the forensic examination, 8.05 Communication in Research Contexts
the forensic practitioner may, as appropriate,
attempt to conduct the examination, postpone the When engaging in research or scholarly activities
examination, advise the examinee to contact his or conducted as a service to a client in a legal
her attorney, or notify the retaining party about the proceeding, forensic practitioners clarify any
examinee’s unwillingness to proceed. anticipated further use of such research or
scholarly product, disclose their role in the
When an individual is ordered to undergo resulting research or scholarly products, and
treatment but the goals of treatment are obtain whatever consent or agreement is required.
determined by a legal authority rather than the In advance of any scientific study, forensic
individual receiving services, the forensic practitioners negotiate the circumstances under
practitioner informs the service recipient of the and manner in which the results may be made
nature and purpose of treatment, and any known to others. Forensic practitioners balance
limitations on confidentiality and privilege. the potentially competing rights and interests of
the retaining party with the inappropriateness of
8.03.03 Persons Lacking Capacity to Provide suppressing data, for example, by agreeing to
Informed Consent report the data without identifying the jurisdiction
in which the study took place.
For examinees adjudicated or presumed by law to
lack the capacity to provide informed consent for 9. CONFLICTS IN PRACTICE
the anticipated forensic service, the forensic
practitioner nevertheless provides an appropriate In forensic psychology practice, conflicting
explanation (in sections 8.03.01 and 8.03.02), responsibilities and demands may be encountered.
seeks the examinee's assent, and obtains When conflicts occur, forensic practitioners
11
maintain a disciplined, fair, and professional obtaining the advice of independent counsel, and
demeanor. When resolving conflicts, forensic conferring directly with the attorneys involved.
practitioners are guided by the law, the EPPCC,
and these Guidelines. When forensic practitioners believe that there may
have been an ethical violation by another
9.01 Conflicts with Legal Authority professional, an attempt is made to resolve the
issue by bringing it to the attention of that
When their responsibilities conflict with law, individual, if that attempt does not violate any
regulations, or other governing legal authority, rights or privileges that may be involved, and if an
forensic practitioners make known their informal resolution appears appropriate. If this
commitment to the EPPCC and Guidelines, and does not result in a satisfactory resolution, the
take steps to resolve the conflict. When the forensic practitioner may take further action
conflict cannot be resolved by such means, appropriate to the situation, including
forensic practitioners may adhere to the consideration of making a report to third parties of
requirements of the law, regulations, or other the perceived ethical violation. In most instances,
governing legal authority, but only to the extent in order to minimize unforeseen risks to the
required. In situations where the EPPCC or party’s rights in the legal matter, forensic
Guidelines may be in conflict with the practitioners will consult with the retaining party
requirements of law, attempts to resolve the before attempting to resolve a perceived ethical
conflict are made in accordance with the violation with another professional.
procedures set forth below.
10. PRIVACY, CONFIDENTIALITY, AND
9.02 Conflicts with Organizational Demands PRIVILEGE
When the demands of an organization with which Forensic practitioners maintain the confidentiality
they are affiliated or for whom they are working of information relating to a client or retaining
conflict with the EPPCC or Guidelines, forensic party, except insofar as disclosure is consented to
practitioners clarify the nature of the conflict, by the client or retaining party, or required or
make known the recommendations of the EPPCC permitted by law.
and Guidelines, and to the extent feasible, resolve
the conflict in a way consistent with the EPPCC 10.01 Release of Information
and Guidelines.
Forensic practitioners comply with properly
9.03 Resolving Ethical Issues with Fellow noticed and served subpoenas or court orders
Professionals directing release of information, or other legally
proper consent from duly authorized persons,
When an apparent or potential ethical violation unless there is a legally valid reason to offer an
has caused, or is likely to cause, substantial harm, objection. When in doubt about an appropriate
forensic practitioners take action appropriate to the response or course of action, forensic practitioners
situation and consider a number of factors may seek assistance from the retaining party,
including the nature and the immediacy of the retain and seek legal advice from their own
potential harm; applicable privacy, confidentiality, attorney, or formally notify the drafter of the
and privilege; how the rights of the relevant subpoena of their uncertainty.
parties may be affected by a particular course of
action; and any other legal or ethical obligations. 10.02 Access to Information
Steps to resolve perceived ethical conflicts may If requested, forensic practitioners provide the
include, but are not limited to, obtaining the retaining party access to, and a meaningful
consultation of knowledgeable colleagues, explanation of, all information that is in their
12
records for the matter at hand, consistent with the perspectives and seek information that will
relevant law, applicable codes of ethics and differentially test plausible rival hypotheses.
professional standards, and institutional rules and
regulations. Forensic examinees typically are not 11.02 Use of Multiple Sources of Information
provided access to the forensic practitioner’s
records without the consent of the retaining party. Forensic practitioners ordinarily avoid relying
Access to records by anyone other than the solely on one source of data, and corroborate
retaining party is governed by legal process, important data whenever feasible. When relying
usually subpoena or court order, or by explicit upon data that have not been corroborated,
consent of the retaining party. Forensic forensic practitioners make known the
practitioners may charge a reasonable fee for the uncorroborated status of that data, any associated
costs associated with the storage, reproduction, strengths and limitations, and the reasons for
review, and provision of records. relying upon it.
10.03 Acquiring Collateral and Third Party 11.03 Opinions Regarding Persons Not
Information Examined
Forensic practitioners request information or Forensic practitioners only provide written or oral
records from collateral sources with the consent of evidence about the psychological characteristics of
the relevant attorney or the relevant party, or when particular individuals when they have sufficient
otherwise authorized by law or court order. information or data to form an adequate
foundation for those opinions or to substantiate
10.04 Use of Case Materials in Teaching, their findings. Forensic practitioners make
Continuing Education, and Other Scholarly reasonable efforts to obtain such information or
Activities data, and they document their efforts to obtain it.
When it is not possible or feasible to examine
Forensic practitioners using case materials for individuals about whom they are offering an
purposes of teaching, training, or research present opinion, forensic practitioners make clear the
such information in a fair, balanced, and respectful impact of such limitations on the reliability and
manner. They attempt to protect the privacy of validity of their professional products, opinions, or
persons by disguising the confidential, personally testimony.
identifiable information of all persons and entities
who would reasonably claim a privacy interest; When conducting a record review or providing
using only those aspects of the case available in consultation or supervision that does not warrant
the public domain; or obtaining consent from the an individual examination, forensic practitioners
relevant clients, parties, participants, and identify the sources of information on which they
organizations to use the materials for such are basing their opinions and recommendations,
purposes (also see Section 13.06 and 13.07). including any substantial limitations to their
opinions and recommendations.
11. METHODS AND PROCEDURES
12. ASSESSMENT
11.01 Use of Appropriate Methods
12.01 Focus on Legally Relevant Factors
Forensic practitioners utilize appropriate methods
and procedures in their work. When performing Forensic examiners assist the trier of fact to
examinations, treatment, consultation, educational understand evidence or determine a fact in issue,
activities or scholarly investigations, forensic and they provide information that is most relevant
practitioners maintain integrity by examining the to the psycholegal issue. In reports and testimony
issue or problem at hand from all reasonable forensic practitioners typically provide
13
information about examinees’ functional abilities, forensic contexts including response style,
capacities, knowledge, and beliefs, and address voluntariness of participation, and situational
their opinions and recommendations to the stress associated with involvement in forensic or
identified psycholegal issues. legal matters.
Forensic practitioners are sensitive to the problems 12.03 Appreciation of Individual Differences
posed by using a clinical diagnosis in
forensic contexts and consider and qualify their When interpreting assessment results, forensic
opinions and testimony appropriately. practitioners consider the purpose of the
assessment as well as the various test factors, test-
12.02 Appropriate Use of Assessment taking abilities, and other characteristics of the
Procedures person being assessed, such as situational,
personal, linguistic, and cultural differences that
Forensic practitioners use assessment procedures might affect their judgments or reduce the
in the manner and for the purposes that are accuracy of their interpretations. Forensic
appropriate in light of the research on or evidence practitioners identify any significant strengths and
of their usefulness and proper application. This limitations of their procedures and interpretations.
includes assessment techniques, interviews, tests,
instruments, and other procedures and their 12.04 Provision of Assessment Feedback
administration, adaptation, scoring, and
interpretation, including computerized scoring and Forensic practitioners take reasonable steps to
interpretation systems. explain assessment results to the examinee or a
designated representative in language they can
Assessment in forensic contexts differs from understand. In those circumstances in which
assessment in therapeutic contexts in important communication about assessment results is
ways that forensic practitioners take into account precluded, the forensic practitioner explains this to
when conducting forensic examinations. Forensic the examinee in advance.
practitioners consider the strengths and limitations
of employing traditional assessment procedures in Forensic practitioners provide information about
forensic examinations. Given the stakes involved professional work in a manner consistent with
in forensic contexts, forensic practitioners take professional and legal standards for the disclosure
special care to ensure the integrity and security of of test data or results, interpretation of data, and
test materials and results. the factual bases for conclusions.
When the validity of an assessment technique has 12.05 Documentation and Compilation of Data
not been established in the forensic context or Considered
setting in which it is being used, the forensic
practitioner describes the strengths and limitations Forensic practitioners document all data they
of any test results and explains the extrapolation of consider with enough detail and quality to allow
these data to the forensic context. Because of the for reasonable judicial scrutiny and adequate
many differences between forensic and therapeutic discovery by all parties. This documentation
contexts, forensic practitioners are aware and includes, but is not limited to, letters and
make known that some examination results may consultations; notes, recordings, and
warrant substantially different interpretation when transcriptions; assessment and test data, scoring
administered in forensic contexts. reports and interpretations; and all other records in
any form or medium that were created or
Forensic practitioners consider and make known exchanged in connection with a matter.
that forensic examination results can be affected
by factors unique to, or differentially present in,
14
13. PROFESSIONAL AND OTHER PUBLIC
When contemplating third party observation or COMMUNICATIONS
audio/video-recording of examinations, forensic
practitioners consider any law that may control 13.01 Accuracy, Fairness, and Avoidance of
such matters, the need for transparency and Deception
documentation, and the potential impact of
observation or recording on the validity of the Forensic practitioners make reasonable efforts to
examination, and test security). ensure that the products of their services, as well
as their own public statements and professional
12.06 Provision of Documentation reports and testimony, are communicated in ways
that promote understanding and avoid deception.
Pursuant to proper subpoenas or court orders, or When in their role as expert to the court or other
other legally proper consent from authorized tribunals, the role of forensic practitioners is to
persons, forensic practitioners make available all facilitate understanding of the evidence or dispute.
documentation described in 12.05, all financial Forensic practitioners do not distort or withhold
records related to the matter, and any other records relevant evidence or opinion in reports or
including reports (and draft reports if they have testimony. When responding to discovery
been provided to a party, attorney, or other entity requests and providing sworn testimony, forensic
for review), that might reasonably be related to the practitioners have readily available for inspection
opinions to be expressed. all data which they considered, regardless of
whether the data supports their opinion, subject to
12.07 Recordkeeping and consistent with court order, relevant rules of
evidence, test security issues, and professional
Forensic practitioners establish and maintain a standards.
system of recordkeeping and professional
communication that is consistent with law, rules, When providing reports and other sworn
EPPCC Standards, and regulations, and that statements or testimony in any form, forensic
safeguards applicable privacy, confidentiality, and practitioners present their conclusions, evidence,
privileges. When indicated by the extent of the opinions, or other professional products in a fair
rights, liberties, and properties that may be at risk, manner. Forensic practitioners do not, by either
the complexity of the case, the amount and legal commission or omission, participate in
significance of unique evidence in the care and misrepresentation of their evidence, nor do they
control of the forensic practitioner, and the participate in partisan attempts to avoid, deny or
likelihood of future appeal, forensic practitioners subvert the presentation of evidence contrary to
inform the retaining party of the limits of their own position or opinion. This principle does
recordkeeping times. If requested to do so, not preclude forceful presentation of the data and
forensic practitioners maintain such records until reasoning upon which a conclusion or professional
notified that all appeals in the matter have been product is based.
exhausted or they send a copy of any unique
components/aspects of the record in their care and 13.02 Differentiating Observations, Inferences,
control to the retaining party before destruction of and Conclusions
the record.
In their communications, forensic practitioners
distinguish observations, inferences, and
conclusions. Forensic practitioners are prepared
to explain the relationship between their expert
opinions and the legal issues and facts of the case
at hand.
15
13.03 Disclosing Sources of Information and When describing or commenting upon clients,
Bases of Opinions examinees, or other participants in legal
proceedings, forensic practitioners do so in a fair
Forensic practitioners affirmatively disclose all and objective manner. Forensic practitioners
sources of all information obtained in the course report the representations, opinions, and
of their professional services. Forensic statements of clients, examinees, or other
practitioners are prepared to identify the source of participants in a fair and objective manner.
each piece of information that was considered and
relied upon in formulating a particular conclusion, 13.06 Out of Court Statements
opinion or other professional product.
Ordinarily, forensic practitioners avoid making
13.04 Comprehensive and Accurate detailed public (out-of-court) statements about
Presentation of Opinions in Reports and legal proceedings in which they have been
Testimony involved. However, sometimes public statements
may serve important goals such as educating the
Consistent with relevant law and rules of public about the role of forensic practitioners in
evidence, when providing professional reports and the legal system, the appropriate practice of
other sworn statements or testimony, forensic forensic psychology, and psychological and legal
practitioners offer a complete statement of all issues that are relevant to the matter at hand.
relevant opinions that they formed within the When making public statements, forensic
scope of their work on the case, the basis and practitioners refrain from releasing private,
reasoning underlying the opinions, the salient data confidential, or privileged information, and
or other information that was considered in attempt to protect persons from harm, misuse, or
forming the opinions, and an indication of any misrepresentation as a result of their statements.
additional evidence that may be used in support of
the opinions to be offered. The specific substance 13.07 Commenting Upon Legal Proceedings
of forensic reports is determined by the type of
psycholegal issue at hand as well as relevant laws Forensic practitioners address particular legal
or rules in the jurisdiction in which the work is proceedings in publications or communications
completed. only to the extent that the information relied upon
is part of a public record, or when consent for that
Forensic practitioners limit discussion of use has been properly obtained from any party
background information that does not bear directly holding any relevant privilege (also see Section
upon the legal purpose of the examination or 10.04).
consultation. Forensic practitioners avoid offering
information that is irrelevant and that does not When offering public statements about specific
provide a substantial basis of support for their cases in which they have not been involved,
opinions, except when required by law. forensic practitioners offer opinions for which
there is sufficient information or data and make
13.05 Commenting Upon Other Professionals clear the limitations of their statements and
and Participants in Legal Proceedings opinions resulting from having had no direct
knowledge of or involvement with the case.
When evaluating or commenting upon the work or
qualifications of other professionals involved in
legal proceedings, forensic practitioners represent
their disagreements in a professional and
respectful tone, and base them on a fair
examination of the data, theories, standards and
opinions of the other expert or party.
16
APPENDIX I: BACKGROUND OF THE February 2008 (sgfp@yahoo.com). Individuals
GUIDELINES AND THE REVISION were invited to provide input and commentary on
PROCESS the existing Guidelines and proposed revisions via
these means. In addition, [insert number] public
A. History of the Guidelines meetings were held throughout the revision
process at biennial meetings of the American
The previous version of the Specialty Guidelines Psychology-Law Society.
for Forensic Psychologists (Committee on Ethical
Guidelines for Forensic Psychologists, 1991) was Upon development of a draft that the Revisions
approved by the American Psychology-Law Committee deemed suitable, the revised
Society, Division 41 of the American Guidelines were submitted for review to the
Psychological Association, and the American Executive Committee of the American
Board of Forensic Psychology in 1991. The Psychology-Law Society and Division 41 of the
current revision, now called the Specialty American Psychological Association, and to the
Guidelines for Forensic Psychology (referred to as American Board of Forensic Psychology. Once
Guidelines throughout this document), replace the the revised Guidelines were approved by these
1991 Specialty Guidelines for Forensic two organizations, they were submitted to the
Psychologists. American Psychological Association for review,
commentary, and acceptance, consistent with the
B. Revision Process American Psychological Association’s Criteria for
Practice Guideline Development and Evaluation
This revision of the Guidelines was coordinated (Committee on Professional Practice and
by the Committee for the Revision of the Specialty Standards, 2001) and Rule 30-8. The Guidelines
Guidelines for Forensic Psychology, which was were adopted by the American Psychological
established by the American Academy of Forensic Association Council of Representatives on [insert
Psychology and the American Psychology-Law date here].
Society/Division 41 of the American
Psychological Association in 2002 and operated C. Need for the Guidelines
through 200x. This Committee consisted of two
representatives from each organization (Solomon Professional standards for the ethical practice of
Fulero, PhD, JD, Stephen Golding, PhD, ABPP, psychology as a discipline are addressed in the
Lisa Piechowski, PhD, ABPP, Christina Ethical Principles of Psychologists and Code of
Studebaker, PhD) a Chairperson (Randy Otto, Conduct (American Psychological Association,
PhD. ABPP), and a liaison from APA Division 42 2002, hereinafter EPPCC). As such, codes of
(Jeffrey Younggren, PhD). ethics are intended to describe standards for
competent and adequate professional conduct. In
This document was revised in accordance with contrast to the EPPCC, these Guidelines are
American Psychological Association Rule 30.08 intended to describe the most desirable and
and the APA policy document Criteria for the highest level professional conduct for
development and evaluation of practice guidelines psychologists when engaged in the practice of
(APA, 2001). The Committee posted forensic psychology.
announcements regarding the revision process to
relevant electronic discussion lists and The Guidelines, although informed by the EPPCC
professional publications [insert footnote to all list and meant to be consistent with them, are
servers and publications here]. In addition, an designed to be educative and to provide more
electronic discussion list devoted solely to issues specific and thorough guidance to psychologists
concerning revision of the Guidelines was who are determining their professional forensic
operated between December 2002 and July 2007, conduct.
followed by establishment of an e-mail address in
17
Education, Training, Research, Practice, and
The 1991 Specialty Guidelines for Forensic Organizational Change for Psychologists;
Psychologists needed revision due to American Psychological Association:
advancements in the field that have taken place Professional, Ethical, and Legal Issues Concerning
and the need for a broader and more thorough Interpersonal Violence, Maltreatment, and Related
document that addresses the wide variety of Trauma; American Psychological Association:
professional forensic practice areas that have Record Keeping Guidelines; American
developed and expanded since the adoption of the Psychological Association: Rights and
original guidelines. Responsibilities of Test Takers: Guidelines and
Expectations; Association of State & Provincial
D. Developers and Support Psychology Boards: Supervision Guidelines; Joint
Committee on Testing Practices: Code of Fair
The Specialty Guidelines for Forensic Psychology Testing Practices in Education; Mental Health
were developed by the American Psychology-Law Patient’s Bill of Rights.
Society, Division 41 of the American
Psychological Association, and the American F. Current Status
Board of Forensic Psychology, with additional
financial support provided by the American These Guidelines are scheduled to expire [insert
Academy of Forensic Psychology. date here]. After this date, users are encouraged to
contact the American Psychological Association
E. Background Literature Practice Directorate to confirm that this document
remains in effect.
Resources reviewed in the development of the
Guidelines include:
American Psychology-Law Society and American
Academy Board of Forensic Psychology:
Specialty Guidelines for Forensic Psychologists;
American Academy of Psychiatry & Law: Ethical
Guidelines for the Practice of Forensic Psychiatry;
American Bar Association: Model Rules of
Professional Conduct; American Psychiatric
Association: The Principles of Medical Ethics
With Annotations Especially Applicable to
Psychiatry; American Psychological Association
Committee on Psychological Tests and
Assessment: Statement on Third Party Observers
in Psychological Testing and Assessment: A
Framework for Decision Making; American
Psychological Association: Ethical Principles of
Psychologists and Code of Conduct; American
Psychological Association: Guidelines for Child
Custody Evaluations in Divorce Proceedings;
American Psychological Association: Guidelines
for Psychological Evaluations in Child Protection
Matters; American Psychological Association:
Guidelines for Psychotherapy with Lesbian, Gay,
& Bisexual Clients; American Psychological
Association: Guidelines on Multicultural
18
APPENDIX II: DEFINITIONS AND substantially affect a forensic practitioner’s
TERMINOLOGY professional judgment, impartiality, or decision-
making.
For the purposes of these Guidelines:
Decision-maker refers to the person or entity with
Appropriate, when used in relation to conduct by the authority to make a judicial decision, agency
a forensic practitioner means that, according to the determination, arbitration award, or other
prevailing professional judgment of competent contractual determination after consideration of
forensic practitioners, the conduct is apt and the facts and the law.
pertinent and is considered befitting, suitable and
proper for a particular person, place, condition, or Examinee refers to a person who is the subject of
function. “Inappropriate” means that, according to a forensic examination for the purpose of
the prevailing professional judgment of competent informing a decision maker or attorney about the
forensic practitioners, the conduct is not suitable, psychological functioning of that examinee.
desirable, or properly timed for a particular
person, occasion, or purpose; and may also denote Forensic Examiner refers to a psychologist who
improper conduct, improprieties, or conduct that examines the psychological condition of a person
is discrepant for the circumstances. whose psychological condition is in controversy or
at issue.
Agreement refers to the objective and mutual
understanding between the forensic practitioner Forensic Practice refers to the application of the
and the person or persons seeking the professional scientific, technical, or specialized knowledge of
service and/or agreeing to participate in the psychology to the law and the use of that
service. See also Assent, Consent, and Informed knowledge to assist in resolving legal, contractual,
Consent. and administrative disputes.
Assent refers to the agreement, approval, or Forensic Practitioner refers to a psychologist
permission, especially regarding verbal or when engaged in forensic practice.
nonverbal conduct, that is reasonably intended and
interpreted as expressing willingness, even in the Forensic Psychology refers to all forensic practice
absence of unmistakable consent. Forensic by any psychologist working within any sub-
practitioners attempt to secure assent when discipline of psychology (e.g., clinical,
consent and informed consent can not be obtained developmental, social, cognitive).
or when, because of mental state, the examinee
may not be able to consent. Informed Consent denotes the knowledgeable,
voluntary, and competent agreement by a person
Consent refers to agreement, approval, or to a proposed course of conduct after the forensic
permission as to some act or purpose. practitioner has communicated adequate
information and explanation about the material
Client refers to the attorney, law firm, court, risks and benefits of, and reasonably available
agency, entity, party, or other person who has alternatives to, the proposed course of conduct.
retained, and who has a contractual relationship
with, the forensic practitioner to provide services. Legal Representative refers to a person who has
the legal authority to act on behalf of another.
Conflict of Interest refers to a situation or
circumstance in which the forensic practitioner’s Party refers to a person or entity named in
objectivity, impartiality, or judgment may be litigation, or who is involved in, or is witness to,
jeopardized due to a relationship, financial, or any an activity or relationship that may be reasonably
other interest that would reasonably be expected to anticipated to result in litigation.
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Reasonable or Reasonably, when used in relation SUBMIT COMMENTS REGARDING THIS DRAFT TO:
to conduct by a forensic practitioner, denotes the
conduct of a prudent and competent forensic sgfpdraft@yahoo.com
practitioner who is engaged in similar activities in or
similar circumstances.
Randy Otto, PhD
FMHI
Record or Written Record refers to all notes, 13301 N. 30th St.
records, documents, memorializations, and Tampa, FL 33612
recordings of considerations and communications, When submitting comments please identify the specific section
you are referencing (e.g., 7.01, 8.03.03) and provide
be they in any form or on any media, tangible, recommended alternative language when appropriate.
electronic, hand-written, or mechanical, that are
contained in, or are specifically related to, the
forensic matter in question or the forensic service
provided.
Retaining Party refers to the attorney, law firm,
court, agency, entity, party, or other person who
has retained, and who has a contractual
relationship with, the forensic practitioner to
provide services.
Tribunal denotes a court or an arbitrator in an
arbitration proceeding, or a legislative body,
administrative agency, or other body acting in an
adjudicative capacity. A legislative body,
administrative agency or other body acts in an
adjudicative capacity when a neutral official, after
the presentation of legal argument or evidence by
a party or parties, renders a judgment directly
affecting a party’s interests in a particular matter.
Trier of Fact refers to a court or an arbitrator in an
arbitration proceeding, or a legislative body,
administrative agency, or other body acting in an
adjudicative capacity. A legislative body,
administrative agency or other body acts in an
adjudicative capacity when a neutral official, after
the presentation of legal argument or evidence by
a party or parties, renders a judgment directly
affecting a party’s interests in a particular matter.
20
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