Working with Experts

• Author: Jeffrey E. Thoma and Dale Watson
• Pages: 263-271

263

Working with Experts

Jeffrey E. Thoma and Dale Watson

16

Chapter

Much of what I’ve learned about representing people with mental disabilities

I have learned from experts in my cases. I’ve peppered them with questions

about their reports. I’ve read books and articles they’ve recommended. I’ve

listened to their war stories. I’ve asked them questions about their research.

I’ve discussed cases in the news with them. And I’ve respected them for the

professionals that they are.

When representing people with mental disabilities, the expert is an

important part of the defense team because he or she is uniquely qualified

to explain your client’s behavior to the court, whether during pretrial hear-

ings, trial, or in mitigation at sentencing. As the authors Jeffrey Thoma and

Dr. Dale Watson show, the skillful and effective use of an expert begins long

before that expert is called to testify. Like the authors of Chapter 14, “Working

with Clients,” the authors here believe that the foundation for working with

the expert is building a strong relationship with the client. Additionally, the

authors discuss selecting the right expert, qualifying your expert to testify,

and cross-examining the prosecution’s expert.

• • •

Selecting an Expert

Before ever getting to the critical stage of selecting an expert, there is

one fundamental principle that underlies not just this aspect of your case

but is paramount in all aspects of your case before any other. You must