The Practitioner In Court: A Survival Guide

Friday, November 22, 2003
at the The Fairmont Copley Plaza – Boston, MA

For more information and to register for this course visit www.cme.hms.harvard.edu

Download the course brochure (PDF Document, requires Adobe Reader)

Course Directors

Thomas G. Gutheil, MD; David Gould, JD; Mark J. Hauser, MD;
James T. Hilliard, JD; James C. Beck, MD, PhD; and Lawrence E. Lifson, MD

Offered by

Massachusetts Mental Health Center and Risk Management Foundation of the Harvard Medical Institutions

Course Description

Working with the legal system can be fascinating and rewarding for
the clinician, but there are many potential pitfalls. It is increasingly
common for the practicing clinician to appear in the courtroom in
one capacity or another. This engenders clinician anxiety and
uncertainty.

The objectives of this course are:

to gain an understanding of the legal process: types of
witnesses, deposition strategies, areas of possible difficulties,
examination and cross-examination, and common
errors that are made by clinicians.
to be prepared to collaborate effectively with attorneys as
defendant, treating clinician or expert witness.
to be able to master courtroom challenges, and be more
prepared to work with both plaintiff and defense attorneys.

A highlight of this course is the mock trial, where a live demonstration
illustrates the critical components of survival in the courtroom.
Participants may choose between two options depending upon clinician’s
interest. Both options will reconvene together following the
morning coffee break. This course is offered in conjunction with
Liability Prevention for Mental Health Clinicians: Strategies and
Update.

Course Schedule Saturday, November 22, 2003

7:45- 8:15am	Registration
Option I (8:15 – 10:45 am)
8:15- 8:30	Welcome & Introduction – David Gould, JD
8:30- 9:15	The Multiple Roles of the Clinician in the Court System: Expert Witness, Fact Witness, Defendant – David Gould, JD
9:15-10:00	Facing Litigation: The Role of Personal Counsel – Clyde Bergstresser, JD
10:00-10:45	Surviving the Witness Stand – Odysseus Argy, MD
Option II (8:15 – 10:45 am)
8:15- 8:30am	Welcome & Introduction – Thomas G. Gutheil, MD
8:30- 9:15	Risk Avoidance and Risk Management From the Clinician’s Perspective – Thomas G. Gutheil, MD
9:15-10:00	Most Frequently Asked Risk Avoidance and Risk Management Questions, 2003 – James T. Hilliard, JD
10:00-10:45	Questions and Answers – Thomas G. Gutheil, MD, James T. Hilliard, JD, with attendees
10:45-11:15	Coffee Break
11:15-12:30	Courtroom Survival – The Perspective of the Plaintiff’s Attorney – Clyde Bergstresser, JD The Perspective of the Defense Attorney – David Gould, JD
12:30-1:00pm	Panel and Audience Discussion – Clyde Bergstresser, JD, David Gould, JD
1:00-2:15	Lunch (on your own)
2:15-2:30	Read “Anatomy of Case”
2:30-3:45	Mock Trial: Plaintiff’s Attorney – Clyde Bergstresser, JD Defense Attorney – David Gould, JD Presiding Judge – The Honorable Carol Ball Mock Trial Defendant – Jerry M. Blaine, MD
3:45-4:00	Coffee Break
4:00-4:30	A View From the Bench – The Honorable Carol Ball
4:30-5:15	Panel Discussion – Faculty and Participants
5:15	Adjourn