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Consultants and Role Delineation
In the December, 2005 issue of The Matrimonial Strategist, attorney Lynne Gold-Biken wrote an article entitled 'Two New Angles on Custody Litigation.' In it, she called attention to a little-known dilemma involving the conduct of mental-health consultants in custody litigation. In her article, Gold-Biken provided extensive information concerning the actions of Dr. Jan Grossman, a Pennsylvania psychologist functioning as a case reviewer, who was disciplined by the Commonwealth's Bureau of Professional Affairs for what mental-health professionals would describe as a failure to maintain appropriate role boundaries. The pertinent details concerning the Grossman case can be found at www.aopc.org. Refer to Grossman v. State Board, No. 3023 C. D. 2001.
The Tactical Perspective
Retaining a mental-health professional to review the work of an evaluator and possibly to testify concerning deficiencies in the evaluator's methodology only makes tactical and economic sense if the mental-health professional has the necessary expertise and, if called upon to testify, will be perceived by the court as credible in spite of the fact that s/he has been retained by one side in an inherently adversarial proceeding. The reviewer's role is to educate the court.
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