Where Law Meets Psychology: The Psychologist as Treating Clinician vs. Independent Evaluator in Civil Sexual Abuse Cases

This presentation is designed to inform and update psychologists and litigation lawyers on the procedures of assessing sexually abused plaintiffs in the context of civil suits including issues related to court appearances. Ms. Grace and Dr. Jackson will address the relevant issues from their particular expertise and professional experiences.

Presented by Elizabeth Grace, Partner of Lerners LLP and Dr. Iris Jackson, C. Psych. Founding Psychologist of Gilmour Psychological Services, Ottawa

LEARNING OBJECTIVES

As a result of attending this presentation, attendees will be able to understand:

• The anatomy of a civil action - liability, damages and causation principles;
• What is relevant when psychological injury is alleged;
• The responsibilities of psychologists in treating and assessor roles when there is civil litigation;
• Ways litigation complicates the therapeutic relationship;
• Why notes and records must be disclosed by a treating psychologist;
• The distinction between a “participant” and a “litigation” expert;
• Conflicts of interest when agreeing to conduct an evaluation;
• Conflicting and overriding duties - to the client, the retaining party, and the court;
• How duties differ depending on the function of the psychologist;
• The function of a report written for litigation;
• What happens to drafts, file contents and test results;
• The psychologist’s entitlement to clear instructions from the lawyer, with sample questions;
• The lawyer’s entitlement to clear information back from the psychologist regarding their process, findings, opinions and conclusions; and,
• When the psychologist is called to court to testify as an expert: trial preparation, types of questioning depending on who is asking questions, decorum and tips on clarity.

NOTE: Presentations are intended for educational purposes and to stimulate respectful discussion and a deeper interest in the topic. The content of the presentation is not intended to replace your independent professional judgement regarding the nature, relevance, or application of the information presented. The opinions and statements made by the presenter are those of the presenter alone and not necessarily a reflection of CBPP’s position on the matters discussed. CBPP does not take any responsibility for the accuracy or completeness of the presentation.

ACCREDITATION

This program has been approved by the Canadian Board of Professional Psychology (CBPP) for 3.25 hours of continuing education for psychologists and psychological associates.

ABOUT THE PRESENTERS

Elizabeth Grace

Ms. Grace works mainly in personal injury law, focusing on claims arising out of sexual assault, sexual abuse, and physical abuse. She also has extensive experience in harassment claims, professional negligence, health care law, and employment related matters.

Ms. Grace earned her B.A (Honours) at Queens University (1987), her Master of Philosophy from University of Sussex, England, (1989) and her Bachelor of Laws from Osgoode Hall, York University (1993). She was called to the Ontario bar in 1995 and is a partner at the law firm, Lerners LLP.

Ms. Grace’s many achievements have included multiple acknowledgements by her peers for her knowledge and expertise in medical malpractice cases, personal injury litigation, health care law, and negligence, in a range of contexts. She has been acknowledged for her commitment to advocating on behalf of victims of sexual abuse. She has received many awards for her work, and she is often consulted by other lawyers and by the historic and social (on line) media regarding these issues. Ms. Grace has also been a member on many working groups, advisory committees, panels, and associations relevant to sexual abuse law, health law, and women’s and Aboriginal legal matters.

Dr. Iris Jackson, C. Psych.

Dr. Jackson has been registered as a psychologist in Ontario since 1981 with declared proficiencies in assessing and treating adults and seniors. She has the competency to assess, diagnose, treat and consult about most adult mental disorders as described in the DSM-5 and ICD-11. She is the Founding Psychologist of Gilmour Psychological Services® which opened in 1983. Beginning in 1997 she was declared an Expert Witness as a clinical psychologist presenting Independent Psychological Evaluations in court. She also has many years of experience in the assessment of fitness to practice and the application of professional conduct rules and standards of care.

Dr. Jackson earned her Honours B.A. in psychology from the University of Alberta in Edmonton, and her M.A. and Ph.D. degrees from the University of Waterloo in Ontario. She earned a Proficiency Certificate in the treatment of alcohol and substance abuse disorders from the American Psychological Association’s College of Professional Psychology and her national (USA) Certification Commission for Addiction Professionals Master’s Degree in Substance Use Disorders Counselling. She is a former President of the Ontario Psychological Association and  was on the executive of OPA from 1991 through 1993, when the association contributed, in concert with other health care professions, to the development of Regulations to RHPA, including the sexual abuse prohibition clause.