Consent, Disclosure, and Waiver for the Forensic Psychological Evaluation: Rethinking the Roles of Psychologist and Lawyer

The duty to obtain consent from a litigant before beginning a forensic evaluation has fallen to the forensic psychologist. Guidelines, ethical standards, and commentators have made this assumed duty mandatory. Unfortunately, psychologists are not able to provide accurate and detailed legal information concerning the forensic evaluation. Only a person trained in the law would be qualified, and the litigant’s lawyer has the legal duty to properly inform the litigant about the legal parameters of the forensic evaluation. This article discusses the psychological and legal aspects of consent for forensic evaluation and proposes a model in which both the lawyer and the psychologist collaborate in a process initiated by the psychologist to inform the litigant about the evaluation.