Working with a Forensic Evaluator: What Every Attorney Should Know

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.

Objectivity isn't the thing that weakens your case. Often, it's the thing that saves it.