Testify, James & Devaney (1995) Point Out

¶ … Testify," James & DeVaney (1995) point out that the role of school counselors has changed and will continue to change. School counselors need to consider their legal responsibilities, especially as they make decisions that might impact students, their families, and the school. This article is important because counselors are being called into court to testify, something that many professionals may be unprepared for.

Moreover, James & DeVaney (1995) point out that while the role of the counselor is usually to serve as objective mediator and helper, the courtroom environment is one characterized by intense conflict. The purpose of "Preparing to Testify" is to arm counselors with knowledge of what court testimony entails, and what things to consider before taking the stand. First, the authors discuss the different types of witnesses: expert and fact witnesses.

The school counselor may be called upon for either of these purposes because he or she is a professional and therefore an "expert" but may also have insight into the specific facts of the case. As an expert, the school counselor may be asked questions related to developmental psychology or standardized testing. Next, the authors discuss some of the ethical implications of testifying in court, including obvious issues such as confidentiality.

Because confidentiality does not apply as strictly to minors as to adults, counselors are generally expected to surrender their notes on students when called upon to do so by the court. The authors also discuss some of the most likely or typical legal situations and scenarios including depositions. Advice to counselors includes remaining calm under pressure, taking the time to consider the question before hastily providing an answer, and remembering to only provide information within the realm of professional expertise. Impartiality is expected, and counselors should not be biased.

The school counselor needs to remind the court, if necessary, that his or her role in the lives of students is limited and constrained by time. Students only see the school counselor for short periods of time over a relatively short duration and therefore the counselor might not be qualified to answer detailed questions about students. 2. In " Counselor competency in the courtroom," LaForge & Henderson (1990) note that school counselors may be called upon to testify in court. The purpose of the article is to help prepare counselors for courtroom scenarios.

Cases could involve anything from divorce and child custody issues to issues related to wrongful death. Each of these scenarios will present unique problems. This article is important because armed with knowledge, the counselor can testify in court in ways that preserves their professional integrity. The first thing that the authors mention is that when they are witnesses in court, the role of the counselor has shifted significantly.

As witness, the counselor serves in the role of educator and expert, not as an advocate for the client or any other party. In other words, it is the ethical duty of the counselor to remain unbiased. Second, the authors discuss what happens prior to trial, in terms of gathering case records, holding pre-trial conferences, the process of qualifying the witness, and the deposition. The authors recommend that the counselor keep a personal log of all information pertinent to the case, because.