Part 3: Key Considerations When Retaining an Expert
Selecting the right expert can be one of the most important decisions in a criminal defense case involving mental health issues. Once defense counsel has gathered the facts and determined that a psychiatric evaluation may be necessary, the focus shifts to identifying an expert who can thoroughly evaluate the client, withstand scrutiny, and effectively support the defense.
In Part 3 of our White Collar Criminal Defense Watch series, Co-Chair Robert C. Scrivo and Partner Stacey E. Zyriek Enriquez discuss the critical factors attorneys should consider when retaining a mental health expert in cases where an insanity defense or other mental health-related issues may be at play.
The discussion explores why credentials matter, including the importance of selecting a qualified psychiatrist with relevant experience, prior expert witness testimony, and familiarity with the specific mental health condition involved in the case. The attorneys also explain why defense counsel must carefully vet potential experts, evaluate their credibility, and understand how their opinions may hold up under cross-examination.
Beyond credentials, the episode highlights the importance of timing and preparation. The attorneys discuss why competency concerns should be addressed before conducting certain psychiatric evaluations, why experts often benefit from evaluating a client over multiple meetings, and how providing comprehensive records, including medical records, treatment history, detention records, and other discovery materials, helps ensure the expert can form a well-supported opinion.
Whether you are an attorney, business executive, compliance professional, or someone interested in the intersection of mental health and criminal law, this episode offers valuable insight into the strategic considerations involved in building a credible and effective mental health defense.
In this video, you’ll learn:
- What qualifications and experience to look for when retaining a mental health expert.
- Why an expert’s prior testimony, credibility, and courtroom experience matter.
- How defense counsel can prepare for challenges to an expert’s opinions during cross-examination.
- Why competency and mental health evaluations must be carefully timed.
- The importance of providing experts with complete medical, treatment, and discovery records.
- How thorough expert preparation can strengthen a mental health-based defense strategy.
Visit Mandelbaum Barrett PC for more information about Mandelbaum Barrett PC’s White Collar and Criminal Defense Practice.