Testifying in Court: Guidelines and Maxims for the Expert Witness

The third edition of this classic resource provides mental health professionals with simple, practical advice for testifying in court.

In this book, Stan Brodsky maintains his witty, conversational style of teaching while modeling ideal testimony. Short chapters blend humorous anecdotes with accessible guidelines drawn from Brodsky's decades of experience as an expert witness and trainer, and from colleagues in various fields, including medical professionals. Each chapter concludes with a pithy maxim that emphasizes the most important takeaway for readers, making this book an ideal reference that can be consulted just prior to court appearances.

New to this edition are:

• substantial updates and revisions to existing guidelines and case examples;
• new and updated topics, including advice for virtual testimony and revised coverage of culture and diversity in forensic evaluations;
• a clearer organization with chapters grouped by themes such as pretrial preparations, direct examination, and cross-examination, and;
• an appendix that gathers all the book's maxims together for easy reference.

ISBN-13: 9781433836329

Media Type: Paperback

Publisher: American Psychological Association

Publication Date: 11-15-2022

Pages: 299

Product Dimensions: 6.00(w) x 9.00(h) x (d)

Stanley L. Brodsky, PhD, is a forensic psychologist and consultant and trainer for forensic evaluations and expert testimony. He has written numerous books and articles about psychology and the law. His 2018 book with Thomas Grisso, The Roots of Modern Psychology and Law: A Narrative History, won the Outstanding Book Award from the American Psychology-Law Society (APLS). Dr. Brodsky received distinguished achievement awards from the APLS and the International Association of Forensic and Correctional Psychology. He was visiting fellow at Harvard Medical School and visiting fellow or professor at universities in Australia, New Zealand, India, Israel, and England.

What People are Saying About This

Susan Hatters Friedman

Professor Brodsky’s book teaching experts how to testify in court is a classic. This insightful volume is full of practical advice for expert witnesses, in down-to-earth language, illustrated with stories. Experts not only in psychology but across various medical disciplines, whether they are new at testifying or frequently find themselves in court, will find their knowledge enhanced.

Eric Y. Drogin

Don’t call it a comeback. Prior editions haven’t become dated; they just keep evolving. Dr. Brodsky is a peerless source of contemporary guidance on practical aspects of testifying in court.

Randy K. Otto

A general principle about expert testimony is that, in order to be persuasive, witnesses must not only be knowledgeable about the subject matter that is the focus of their testimony, but they also must be able to hold the audience’s attention when communicating their opinions. The third edition of this volume makes clear Dr. Brodsky can check both boxes when it comes to expert testimony. With a new organization, and new content that comes from his own experience and that of others, Dr. Brodsky has used his always engaging style to improve what is a classic volume.

Thomas Grisso

Brodsky’s legendary advice on expert testimony is not just about technique but recognizing your own vulnerabilities and defenses—in short, knowing yourself. If you thought the earlier editions taught you all you needed to know, you’ll be surprised. And it’s served up with Brodsky’s trademark knack for telling illustrative stories that stick with you.

Joel A. Dvoskin

Stan Brodsky has done it again. Testifying in court can be a terrifying experience, and Brodsky has calmed and comforted generations of mental health professionals with practical wisdom and sage advice. This readable book includes realistic hypotheticals; stories of real cases; up-to-date social science; lots of humor; and, as always, the legendary Brodsky Maxims. I recommend this book to anyone headed to court, for the first time or the hundredth.

Tess M.S. Neal

Stan Brodsky’s scholarly work and popular writings about expert testimony have guided expert witnesses for generations. This book offers new guidance to coach expert witnesses to be better at what they need to do. It cuts without nonsense and with refreshing immediacy to the core of various issues involved in testifying as an expert.

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Table of Contents

Acknowledgments
Introduction: More Ways to Maxim-ize Your Testimony
I. PRIOR TO TESTIMONY
1. Beginning to Think and Act Like an Expert Witness
2. Cherry-Picking
3. Courtroom as Place Identity
4. Culture and Diversity in Forensic Work
5. Flawed Collateral and Assessment Data
6. Intimidation Before Testimony
7. Preparation on the Go
8. Psychotherapists in Court: To Testify or Not to Testify
9. Report Matters
10. Socializing With Attorneys and Other Parties
11. Staying Current
12. To Be an Expert
13. Uninvolved and Inept Attorneys
14. Virtual Testimony
15. What to Wear
II. THE SKILLED WITNESS
16. Burden of Proof and Degree of Certainty
17. Changing Your Mind
18. Fooled by the Face
19. The Learned Treatise 1: Writings of Authorities
20. The Learned Treatise 2: What You Have Written
21. Listening Well
22. The Rumpelstiltskin Principle
23. Saying “I Don’t Know” Versus Waffling
24. Using Quiet Times
25. When the Expert Is Not Allowed to Answer
26. Wit-Free Testimony
III. OBJECTIVITY CHALLENGES
27. Allegiance Effects
28. Hired Guns
29. Professional Witnesses and Professionalism
IV. DIRECT EXAMINATION
30. Beginnings: The Good Direct Examination
31. Brushed-Off Direct Examination
32. Diverging on Direct Examination
33. The Language of Testimony
V. CROSS-EXAMINATION
34. Abrasive and Attacking Cross-Examinations
35. The Abysmal History Gambit
36. The Admit–Došeny Response
37. Challenges to Experience 1: Insufficient Experience
38. Challenges to Experience 2: Case-Specific Experience
39. Challenges to Experience 3: The Case Against Experience
40. Credentialing and Qualifications: Common Challenges
41. Disaster Relief
42. DSM-5: The Cautionary Statement
43. The Expert Gaze
44. Looking at the Jury
45. Negative Assertions
46. Perspective Taking
47. Power and Control on the Witness Stand
48. Probes for Guilt and Shame
49. The Push–Pull Technique
50. Set-Ups and Takedowns
51. Surprise Questions
52. Theatrical and Outlandish Attorneys
53. Transformative Moments
54. Vigorous Cross-Examinations, Vigorous Answers
55. Your Expertise Used Against You
VI. WHAT NOT TO DO
56. Feisty Experts
57. Frittering Away Trustworthiness
58. Humor
59. Implicit Vouching and Winking at the Jury
60. The Lateral Arabesque
61. Meandering Expertise
62. Narcissistic Experts
63. Predictable Answers
64. Recalcitrant and Unprepared: The Case for Consultation
65. Testifying While Sick or Under the Influence
66. Traumatic Experiences on the Stand
67. Worst Expert Testimony Ever
VII. AFTER YOUR TESTIMONY
68. Fugue State Testimony
69. Moving On
70. When It Is Over
Appendix: Maxims for Quick Review
References
Index
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