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603.314.8841 voip
603.386.6083 eFax
PO
Box 101
Hollis,
NH 03049
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Distinguishing roles
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Dr.
Garber can only serve in one role in
each family law matter. Understanding
these various roles, their respective
scope and limitations, can help to
determine first steps to employ Dr.
Garber.
| Role |
Scope
includes ...
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Scope limits or
prohibits ...
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Forensic consultant
(employed by attorney)
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- Impartial, child-centered
regardless of who employs
- Review case
documents
- Interview litigant
- Research
relevant literature, ethics,
guidelines, standards
- Help prepare
direct and cross
- Debrief and
strategize following
critical events
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- Disclosure to
opposing counsel
- Collecting new
data
- Testifying or
otherwise opining on the
matter
- All concurrent and
subsequent roles in the
particular case
- Coach litigant in
advance of evaluation
- "Hired gun" bias
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Forensic evaluator*
(appointed by court; employed by
parties)
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- Requires
court order
- Impartial, child-centered
- Review case
documents
- Observe, evaluate,
assess and otherwise collect
new data
- Generate a summary
report including
interpretations and
recommendations as
appropriate
- Be deposed and
testify as a fact
witness regarding the
evaluation process,
observations,
interpretations and
recommendations
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- Biased, imbalanced
data collection
- Offering
recommendations during the
pendency of the evaluation
process (except in cases of
acute danger)
- Unilateral
communications with counsel
- All concurrent
and subsequent roles in
the particular case
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Expert Witness**
(employed by attorney)
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- Impartial, child-centered
regardless of who employs
- Disclosed to
opposing counsel
- Review case
documents
- Research
relevant literature, ethics,
guidelines, standards
- Depose
or testify as an expert
including opine on other
professionals' work product,
infer a fact pattern, and
respond to relevant
hypotheticals
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- Collecting new
data
- Interview
litigant
- All concurrent and
subsequent roles in the
particular case
- Coach litigant in
advance of evaluation
- Help prepare
direct and cross
- Debrief and
strategize following
critical events
- "Hired gun" bias
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Regarding initial
contact:
Communications via email
are strongly preferred.
* Forensic evaluator:
Initial contact should be direct from
the court, from the Guardian ad
litem, or from both lawyers
simultaneously (e.g., one email copy
to all).
** Expert witness: The
attorney initiating contact must NOT
share his/her/their theory of the
case. Initial contact is to determine
Dr. Garber's qualifications and
availability. Please clarify the
questions before the court. Once Dr.
Garber has reviewed preliminary data,
a more in-depth conversation may be
possible. Dr. Garber makes every
effort to maintain impartiality.
The
information contained in and linked
from this website is generic. It must
not be construed as constituting
legal, psychological, educational, or
medical advice. Decisions relevant to
any specific individual, relationship,
or family should be based on the
considered opinions of professionals
familiar with the unique culture,
resources, strengths, and needs of
those affected.
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