Working with a Forensic Evaluator: What Every Attorney Should Know
Lauren Rich • August 17, 2026
A quick reference for defense and prosecuting attorneys.
The Evaluator's Role
- Sits on the side of facts — not yours, not opposing counsel's.
- Pairs fact-based findings with validated tools and scientific evidence practices.
- Helps you understand and develop your case, not confirm your theory.
- The client is the attorney; the loyalty runs to the trier of fact.
- A "hired gun" who bends findings to please you is a liability, not an asset.
Objectivity Protects Your Case
- The same rigorous standards apply whether the defense or prosecution retains the expert.
- Neutrality isn't a weakness. It's what makes testimony hold up under cross-examination.
- An objective evaluation protects your case and your expert's credibility.
Reports Are Attorney/Client Work Product
- The completed report goes to you, the attorney — never to the assessed individual.
- The assessed individual does not receive a copy of the report.
- They may review raw data, but only recommendations are discussed with them.
- Custody or security-sensitive situations may restrict even that access.
Risk Assessment Has Limited Scope
- The evaluator assesses and reports on what the evidence and tools indicate.
- They do not treat or produce a treatment plan.
- A referral to a knowledgeable treatment provider follows the evaluation.
- This separation keeps the findings objective and conflict-free.
Where to Find an Evaluator
- Start with the Association for the Treatment of Sexual Abusers (ATSA) directory.
- Confirm candidates work within recognized standards of the field.
- Vet each one on training, method, objectivity, and testimony experience.
What to Provide the Evaluator
- All relevant case files and records.
- Prior evaluations and background documents.
- The specific legal questions you need answered.
- Everything, delivered on time — gaps in what you share become gaps in the assessment.



