MDLPA: Ethical Dilemmas - Best Practices for Forensic Witnesses Working with an Attorney
Presented by: Michael Perlin, JD and Heather Ellis Cucolo, JD
1.5 Hours / 1.5 CEs
On Demand | Self-Paced Professional Training
This on-demand professional training program on Ethical Dilemmas: Best Practices for Forensic Witnesses Working with an Attorney is presented by Michael Perlin, JD, and Heather Ellis Cucolo, JD, in partnership with the Mental Disability Law and Policy Associates.
This program introduces participants to the sometimes-difficult relationship between an expert witness and a defense attorney. It highlights the major ethical and constitutional dilemmas that could arise while working together on a criminal or quasi-criminal case.
The program identifies the distinct ethical boundaries that both attorney and clinician must abide by and offers best practices on how to protect professional integrity.
This program is intended for professionals at all stages of their career. Expert witnesses focused on risk assessment, treatment providers, social workers, and forensic psychologists. All environments applicable: court, prison, mental health center, private practice.
Learning Objectives
Upon completion of this training, participants will be able to:
- 1 Describe the imperfect fit between questions of law and questions of clinical diagnosis, including how statutory language can distort the role of the expert, using the example of sex offender civil commitment laws
- 2 Describe how mental evaluation reports are used at trial and the applicable Supreme Court case law that has shaped this area
- 3 Describe the various “relationship stressors” that arise during clinician/ attorney interaction and best practices for reducing harm
- 4 Describe how to effectively navigate and enhance the attorney/clinician relationship through each of the main stages of a defendant’s case
Presented By
Michael L. Perlin, JD
Michael L. Perlin is Professor of Law Emeritus at New York Law School (NYLS), founding director of NYLS’s Online Mental Disability Law Program, and founding director of NYLS’s International Mental Disability Law Reform Project in its Justice Action Center. He is also the co-founder of Mental Disability Law and Policy Associates. He has written 31 books and nearly 300 articles on all aspects of mental disability law, many of which deal with the overlap between mental disability law and criminal law and procedure.
Presented By
Heather Ellis Cucolo, JD, Prof. Distinguished Adj., NYLS; Owner, MDLPA; Prof. Adj., Emory University School of Law; Bd. Dir. Collier School
Heather Ellis Cucolo is Distinguished Adjunct professor of law and the facilitator of the joint JD/MA program with John Jay College of Criminal Justice, at New York Law School (NYLS). She is also an adjunct professor in the JM Program at Emory University School of Law, and a Fellowship faculty member at Albert Einstein College of Medicine. In addition to those roles, Professor Cucolo is co-owner of Mental Disability Law and Policy Associates, a legal education and professional training company, and was elected to the board of trustees for the International Society of Therapeutic Jurisprudence, a non-profit organization. Formerly, in her full-time legal practice, Professor Cucolo dedicated her career to representing individuals at trial facing civil commitment under both the New Jersey Mental Hygiene Law and New Jersey’s Sexually Violent Predators Act. She authored and argued appeals before the New Jersey Appellate Division with over 27 reported decisions. She has published four textbooks and over 21 law review articles with mentions in an Eastern District of New York court decision and an Iowa appellate decision. She was honored to receive the Otto L. Walter Distinguished Writing Award for two consecutive years in 2018 and 2019. Professor Cucolo’s international work has included: expert testimony on extradition from the United Kingdom to the United States for persons convicted of a sex offense; pro bono advocacy for LawAid International; speaking at the United Nations on the rights of persons with disabilities in the Asia-Pacific region; and the creation of an instructional course on disability legislation for attorneys in Japan.
Training Outline
Key topics covered in this training include:
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Introduction to sex offender civil commitment statutes and the role of the expert
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Understanding the conflict between the role of the attorney vs. the role of the expert
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What might be expected of the expert witness and what SHOULD be expected of the expert witness
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Understanding the legal role of treatment vs. the clinical role of treatment in courtroom settings
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The basics of ethical practice for both professions
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How to protect professional integrity when faced with attorney pressure and recommendations for best practices
We are proud to partner with
Mental Disability Law and Policy Associates (MDLPA)
We are proud to partner with Mental Disability Law and Policy Associates, LLC for this training. MDLPA is a boutique educational training company that offers specialized mental disability law consulting, the creation or enhancement of distance learning programs, in-house or online courses, and day or weekend training seminars to reputable organizations, educational institutions, professional groups, and advocacy groups focused on providing advanced knowledge and skills to persons working with marginalized populations.
CE Sponsorship Information
Palo Alto University, Continuing & Professional Studies (CONCEPT) is approved by, recognized by, or maintains sponsorship provider status with the following boards and agencies. We maintain responsibility for all content in our CE/CPD programs. For more information, visit here.
American Psychological Association (APA): Approved sponsor of continuing education for psychologists.
Association of Social Work Boards (ASWB): Approved continuing education provider (ACE program, Provider #1480), 11/22/2023–11/22/2026.
Canadian Psychological Association (CPA): Approved to sponsor continuing education for psychologists.
National Board for Certified Counselors (NBCC): Approved Continuing Education Provider (ACEP No. 7190).
Palo Alto University, Continuing and Professional Studies (CONCEPT) is approved by the American Psychological Association to sponsor continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT) maintains responsibility for this program and its content. Palo Alto University, Continuing and Professional Studies (CONCEPT), is approved by the Canadian Psychological Association to offer continuing education for psychologists. Palo Alto University, Continuing and Professional Studies (CONCEPT), SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0356 and the New York State Education Department’s State Board for Mental Health Practitioners as an approved provider of continuing education for licensed mental health counselors. #MHC-0073. Palo Alto University, Continuing and Professional Studies (CONCEPT) has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 6811. Programs that do not qualify for NBCC credit are clearly identified. CONCEPT Professional Training, #1480, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. CONCEPT Professional Training maintains responsibility for this course. ACE provider approval period: 11/22/23-11/22/26. Social workers completing this course receive (clinical or social work ethics) continuing education credits.