Book Review: Stanley L. Brodsky Principles and Practice of Trial Consultation New York, NY: Guildford Press, 2009. xii, 226 pp. $35.00. ISBN 978-1-60623-173-9

• Author: Nancy L. Ryba
• Published date: 01 December 2010
• Date: 01 December 2010
• DOI: 10.1177/0734016810364925
• Subject Matter: Articles

Stanley L. Brodsky

Principles and Practice of Trial Consultation New York, NY: Guildford Press, 2009. xii, 226 pp. $35.00.

ISBN 978-1-60623-173-9

Reviewed by: Nancy L. Ryba, California State University, Fullerton, USA

DOI: 10.1177/0734016810364925

Trial consultation is an area of forensic practice that has expanded rapidly over the past

few decades. Broadly defined, trial consultants are those who work alongside attorneys to assist

in developing, preparing, and presenting a legal case. The activities that comprise trial consultation

are varied and the work of one consultant may look quite different from another. Trial consultants

come from a variety of backgrounds, although many are trained as mental health professionals.

Unlike clinical practitioners—who are obligated to maintain a neutral position when providing

assistance to the court—trial consultants often ally themselves with the attorneys who hire them

and become invested in the outcome of the case. In addition, differing from forensic practitioners,

trial consultants are not required to be licensed; and while the American Society of Trial

Consultants (ASTC) has created an ethics code, there is no requirement for those working in this

capacity to join the ASTC and there are no sanctions for not adhering to the ethics code. Because

of the wide array of activities, unclear ethical boundaries, and lack of regulation in this field, a book

focused on the current state of empirically based knowledge of trial consultation is a highly valuable

resource.

Principles and Practice of Trial Consultation by Dr. Stanley L. Brodsky presents an overview of

the common techniques currently available to trial consultants. In his book, Dr. Brodsky combines

his knowledge of research, his practical experience, and his personal insights to create a highly read-

able book about the issues most relevant to trial consultation today. As a whole, the chapters are

concise and focused and the presentation of research is supported by case examples as well as

detailed descriptions of how techniques were implemented in various situations. The style of writing

is informative and user-friendly; and the use of case examples combined with descriptions of

techniques and practices makes this book an easy and highly useful read.

The book is comprised of 15 chapters that are divided into five parts. Part I contains three chap-

ters that together give an overview of essential issues in trial consultation. In Chapter 1, Dr.

Brodsky explains how the book is case driven in that the research-based information is backed

by case examples that are meant to be specific enough to provide insights into the techniques used

but broad enough to not be limited by the problem of differences across jurisdictions. Addition-

ally, the author refrains from disclosing the outcomes of the cases as there are many factors that

influence the outcome of a legal case, with the help of a trial consultant being merely one. After

setting the context for the book, Chapter 2 discusses case conceptualization—an issue fundamen-

tal to all cases on which a consultant may work—and Chapter 3 reviews measurement scales that

are available and of use to trial consultants in their work. Although these chapt ers feel a bit dis-

jointed from one another, together they set the stageforthemorespecificaspectsofconsulting

work in the sections that follow.

Part II focuses specifically on techniques used in the preparation of witnesses to testify in court.

The three chapters in this section each take a different perspective with the first and second covering

issues related to the preparation of lay witnesses and expert witnesses and the third chapter present-

ing a review of current research findings related to witness preparation. After reading this section, it

is clear this is an area about which the author knows a great deal. These three chapters read like a

‘‘how to’’ manual complete with evidence to support many of the techniques described. These chap-

ters are some of the most useful in the book.

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