Forensic Social Work / Clinical Advocates & Resource Advocates

You may have read earlier that the roles and practices of social workers on criminal defense teams (traditionally) and forensic clinical advocates (the ADC’s term for other mental health contractors) have never been clearly defined historically. 

There are several models that have developed over the decades and different ways of approaching incorporating social workers on criminal defense teams.  For several reasons the ADC has adopted the “hand-in-hand”, interdisciplinary model and for reasons tied to budgetary allowances, the social work and forensic clinical advocate’s work begins and ends with the beginning and end of representation.  Additionally, the FSW’s and FCA’s work is directed at fulfilling the mission of the office and the legal team to zealously defend the criminal or juvenile delinquency case.

Interdisciplinary communication on a regular basis between team members about strategy, client needs, and mitigation and mental health evidence collected is the key to success for achieving the best outcomes for clients.

Operating under the hand-in-hand model ensures that the FSW/FCA is a full member of the legal team, covered by attorney-client privilege so that the team including the client can take full advantage of the FSWs/FCAs training and skills.  In the hand-in-hand model the FSW/FCA will visit regularly with the client, review any records, conduct interviews with any relevant witnesses, and learn any information, regardless of whether it is favorable to the defense or not.  When FSWs/FCAs are covered by attorney-client privilege their file is protected from discovery and they work under a pure advocacy assumption, meaning that they are one with the team and act as advocates for the client’s and attorney’s goals.

FSWs/FCAs can best help the client by participating in all team meetings and offering their candid perspective on issues related to mental health, how to navigate difficult issues with witnesses, and how to locate and develop mitigation evidence that is crucial to the defense of the case.  It does not help you or the client to silo the FSW/FCA from learning any information.  At the very least, keeping information from the FSW/FCA will limit their ability to help.  In some circumstances it can create real problems for the defense by skewing information and recommendations that might adversely affect expert opinions, the court’s understanding of the client, or the district attorney’s trust in a good faith presentation of evidence from members of the defense team.

FSWs/FCAs have a skilled and unique understanding of how experts are likely to view the client, what types of experts should be hired based on the history and presentation of the client, and what types of evidence would likely help the experts understand the client’s unique presentation.  FSWs/FCAs can, and should, be goal directed in gathering information and evidence from records and witnesses that will aid the experts in having a more accurate and complete understanding of the client than the expert would normally have the time to uncover.  FSWs/FCAs can also help interpret records and should be consulted as to which records would be safest to turn over to experts in order to help the expert understand your client’s unique presentation.  You might even encourage the FSW/FCA to write a report that constitutes a records summary of the relevant information and where to find it in order to point things out to your expert.

FSWs/FCAs are uniquely prepared to recognize and understand mental health symptoms and diagnoses from across the lifespan of the client.  FSWs/FCAs are trained in open ended questioning and building the rapport necessary to elicit embarrassing and often humiliating information related to past traumas and dysfunctional family dynamics, both from the client and from other witnesses.  FSWs/FCAs are also better positioned to know and understand the resources and the systems that people experiencing oppression and poverty have been served by in the past or are eligible for currently.

FSWs/FCAs will develop mitigation for you, the client, and the case.  They will request and gather records, conduct mitigation witness interviews, they will uncover information based on the theory of mitigation supported by mitigation evidence and, if asked, they will write a mitigation report to present either to the DA or to the Court. This will free up your investigator to investigate the facts of the case. When appropriate and resources are available, FSWs/FCAs will offer recommendations to resources in the community that the client has voiced a desire to participate in and coordinate with the program to gain acceptance and entry for the client.

Lastly, FSWs/FCAs will support the client through the very difficult process that it is to be involved in a criminal case.  At the direction of the attorney, FSWs/FCAs can advocate with detention facilities and prisons for appropriate treatment, advocate around medical needs, advocate against institutional abuses, and support the client’s emotional and psychological needs during one of the most difficult times a person can go through.