Litigation-Related Consultations
Dr. Warshak receives many inquiries regarding his availability as a
consultant, evaluator, trial consultant, and expert witness in matters
relating to child custody, childhood trauma, wand personal injury. He does
conduct telephone and office consultations with parents, attorneys, and
mental health professionals. If possible he will render a professional
opinion, as consultant to both parents, regarding the optimal living
arrangements for the children in question or serve as a consultant in
settling custody and visitation disputes. He also works with parents and
children to facilitate their adjustment to divorce (e.g., announcing the
divorce to the children, assisting noncustodial parents in maintaining
meaningful relationships with their children, providing psychotherapy and
counseling, etc.).
He conducts individual consultations and workshops for mental health
professionals and attorneys on custody-related aspects of their work.
Often this involves consultation regarding custody evaluations and social
studies or regarding the applicability of research findings to a specific
case.
His preference is to serve as consultant to both parties to
assist them in reaching decisions without litigation. This is best
accomplished through a court ordered appointment that specifically
excludes his records from discovery and excludes him from being subpoenaed
and from testifying. When serving in this role is not feasible or
desirable, he recommends having the court appoint a professional to
conduct an evaluation. In certain cases, depending on the circumstances,
he is willing to provide services without such appointment.
As a consulting expert (trial consultant) he reviews investigations,
evaluations, and social studies conducted by mental health professionals.
This review includes critiques of the procedures, findings, and
conclusions of the evaluations in question. In many cases there are
significant weaknesses in each area. 1) The procedures may contain
significant flaws or omissions that weaken the validity of the findings.
2) The findings may rest on inaccurate interpretation of the data
(including psychological test results) or the data may suggest alternative
possibilities. 3) The conclusions and recommendations may not be warranted
by the findings and may reveal subtle biases on the part of the examiner
or reliance on unproven theories. When such problems are discovered, he is
usually available to assist the attorney in preparing for depositions and
cross-examinations.
Dr. Warshak receives many requests to testify as an expert witness in
hearings related to custody, childhood trauma, and personal injury and he
does so in a very few select cases. He can testify on hypotheticals or on the
specific case when he has had an opportunity to conduct and/or review
evaluations. To explore the possibility of his participation in a case,
the attorney or parent should arrange an initial consultation. Please note
that his participation in an initial consultation in no way obligates him
to take on a case. He may decide not to involve himself further because of
the nature of the case or the constraints of his schedule.
E-mail Dr. Warshak to
request further information regarding consultation policies and fees.
