“Three's a Crowd”: The Presence of Third Parties during the Forensic Psychiatric Examination

Abstract

The forensic psychiatric examination is conducted best in privacy. Lawyers seek to be present during these examinations to ensure an accurate record and to effectively challenge any misrepresentations or inaccuracies at trial. Institutional settings often present daunting venues for the conduct of a private examination. If third parties must attend the examination, they should do so as observers only. The process of litigation should not be allowed to convert the consultation room into a courtroom. The forensic psychiatrist must ensure that vigorous advocacy does not undermine the integrity of the examiner nor the conduct of a valid, impartial professional examination.