Lawyers are increasingly calling upon social workers to serve as expert
witnesses in cases involving children and families. Roles for social
workers are emerging in the courtroom as social work expert witnesses
in such areas as guardianship, forensic issues, child abuse and
neglect, commitment hearings, education, family custody evaluation,
child welfare, foster care.
As society gets more specialized and complicated, the courts are using
the testimony of expert witnesses (such as social work expert witness,
foster care expert witness, social worker malpractice and child welfare
worker malpractice) to help resolve cases. Whether defending social
workers or agencies, or litigating on behalf of a client, having the
right experienced expert
witness can make the difference between winning or losing an
important case.
HOW A SOCIAL WORK EXPERT WITNESS CAN AID THE COURT:
A social worker who is called as an expert witness should be able to
provide:
An
in-depth analysis of the events and issues in question. For instance,
in many states social workers are permitted to make diagnostic
assessments.
A
thorough analysis of the procedures, policies and practices used by the
social workers and agency to determine their appropriateness, legality,
and conformity with current practice (e.g., were child abuse
investigation procedures appropriately carried out?).
A
thorough analysis of the strengths and weaknesses of the case from many
perspectives (e.g., clinical, administrative, managerial, supervisory).
Reviewing
pertinent documents, evaluating their findings, and developing
conclusions regarding the evidence.
Trial
preparation and assistance during the discovery and trial phases.
A
familiarity with relevant and applicable case law.
Testimony
which is ethical, accurate and persuasive. Contrary to popular myth,
expert witnesses are sworn to be completely truthful -- they cannot
�fudge. It is important to remember that they are not
advocates; their primary duty is to the court, not to the person who
retained the expert.
Special
qualifications to testify in a specific case (i.e., Does the witness
have any unique publications regarding the issues at bar? Does the
witness demonstrate any bias for the plaintiff or defendant? Does the
witness offer previous testifying experience? For whom? Which specific
cases?
ASSESSING QUALIFICATIONS FOR A SOCIAL WORK EXPERT
WITNESS:
Who can be an expert witness and what is required to become an expert
witness? Expert witnesses are usually expert consultants who testify
under oath about the specifics of a case. They relate their conclusions
and opinions about the actions in question. More than ever, social work
issues in litigation require the services of expert witnesses. Experts
are needed to inform judges and juries on technical matters and
national standards of care for human services issues related to the
cases brought before them. When choosing social workers as
expert witness, lawyers should look for people with
qualifications that will help them accurately identify best practice
standards, thus adding credibility to their position or allegations.
COSTS FOR RETAINING SOCIAL WORK EXPERT WITNESS:
The cost of retaining social workers can vary considerably. They are
usually paid by the hour. The hourly fee typically covers reviewing
documents, interviewing key people in the case, travel expenses, and
any other time spent working on the case. Rates for being deposed or
testifying in court are usually higher than for other kinds of
preparatory work.
CONCLUSION:
The growing use of social workers as expert witness will likely
continue. Social workers who serve in this role will play an important
part in litigation and dispute resolution. Retaining a social work
expert witness will not necessarily result in a victory in the
courtroom. A credible expert witness, however, can offer invaluable
information that can be used to present a more comprehensive case.
For additional information, contact Daniel Pollack, MSW, JD.
Daniel
Pollack, MSW, JDis
a full professor at Yeshiva University's School of Social Work in New
York City and Senior Fellow, Center for Adoption Research, University
of Massachusetts Medical School, Worcester, MA.
He has been an expert witness for lawyers in New York,
California, Maryland, North Carolina, South Carolina, New
Mexico, West Virginia, Ohio, Pennsylvania, District of Columbia,
Michigan,
Arizona, and Vermont.
Since 1980, Professor Pollack has held high-level executive and
management positions in social welfare agencies in Maryland and Ohio,
including Deputy Executive Director for Maryland's Social service
Administration and principal advisor for health and human services to
Ohio's Governor. His experience includes liability of agencies and
workers in child welfare, licensing of public and private facilities,
record management, confidentiality and ethics. Professor
Pollack is
the author of "Social
Work and the Courts" and dozens of articles on
social welfare law and policy and has presented at numerous national
and international conferences.
There is
no charge for an initial
consultation. A full fee schedule is availableupon
request.
Daniel
Pollack, MSW, JD
Professor
Wurzweiler School of Social Work
Yeshiva University
2495 Amsterdam Avenue, Room 818
New York, NY 10033-3312
