Private Defense Evaluations‪.‬

This article will only discuss the parameters and dynamics of conducting evaluations from one perspective: that of the forensic expert who has been privately retained on behalf of the defendant. Mental health forensic experts conduct evaluations in the context of criminal, civil, family, juvenile, and administrative trials and hearings. Each arena or area of practice is unique, posing different challenges, obligations, and opportunities for the expert. As the Director of the Institute of Psychiatry, Law, and Behavioral Sciences at the University of Southern California's Keck School of Medicine, I have regular contact with attorneys, mental health practitioners, and policy makers from around the nation. Recently, I have received a surprising number of calls related to a lack of understanding of the legal and ethical proscription of the role and responsibilities of a forensic mental health practitioner. Specialty guidelines have been developed by several professional organizations, such as the American Academy of Psychiatry and the Law, a joint committee of the American Psychology-Law Society and Division 41 of the American Psychological Association (with endorsement by the American Academy of Forensic Psychology), and the National Academy of Neuropsychology, among others. (1,2,3,4) These guidelines provide "aspirational models" of professional conduct to be followed during the application of mental health skills and expertise in a forensic setting. All forensic mental health professionals should be familiar with and intermittently review those guidelines appropriate to their degrees, licenses, and areas of subspecialty. While these guidelines vary in degree and area(s) of detail, they stop short of outlining specific dos and don'ts.