Remember, social workers expertise has limits. For instance, the Massachusetts Supreme Judicial Court recently found in Commonwealth v. Frangipane, 744 NE2d 25 (MA 2001) that a social worker was improperly allowed to testify about memory loss and recovery.
The witness was called to discuss traumatic memory in the context of sexual abuse. She did not review any case records, nor did she assess the alleged victim. Rather, she articulated a phenomenon known as "dissociative memory loss," using her clinical experience and background of attending seminars on traumatic memory.
The Massachusetts Supreme Court did not take issue with the trial court's admitting her testimony on child abuse or trauma victim experience, but did find reversible error in allowing her to testify about how traumatic memories are stored and retrieved in the brain, which depended on advanced scientific knowledge of brain function. It held that these were physiological matters about which the social worker was not trained and was not expert.
Generally, witnesses must testify to facts, not opinions. The exception to this rule is for expert witnesses. Indeed, an expert witness is on the witness stand to offer an opinion. For this reason a social worker can be qualified as an expert witness only if she has special knowledge, skill, experience, training, or education.
Attorneys should look for social workers who have real work experience and an academic or theoretical background. They should be prepared to answer such questions as: Have you referred to any articles or books in preparing for this case? Which texts do you consider authoritative? Who are the authoritative authors in this field?
Because a case can be won or lost depending upon how well the expert witness delivers information in court, it is important that the experts can speak with authority and know how to communicate effectively. As soon as the expert witness takes the stand, the judge and jury begin to draw conclusions. So, the stature and appearance of an expert witness is crucial in establishing credibility.
Lawyers should seek effective expert witnesses who understand how a lawsuit unfolds through the pleadings, written discovery, depositions, hearings, and trial. The expert is a more valuable asset when there is an understanding of the overall court process, whether it is in criminal court, civil court, or before an administrative body.
Lawyers should especially seek social workers as expert witnesses whose responses to questions are succinct, and who can communicate confidence, sincerity and professionalism. Social workers as expert witnesses should never volunteer information outside their area of expertise; doing so can quickly weaken their credibility. One primary purpose of opposing legal counsel is to undermine the credibility of the expert witness, which can then nullify their testimony.The ideal social work expert witness will have significant frontline and administrative experience and come across as someone who is unquestionably neutral. Indeed, many attorneys look for an expert witness who has testified as often for the prosecution as for the defense. The expert should be someone who has not changed jobs frequently, is known and respected in the wider social services community, has written extensively in professional journals, and is able to accurately and clearly summarize complex social work issues.
Social workers who have been trained in the use of objective assessment instruments and techniques which have been empirically validated are especially well-suited to be called as experts.
