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The Lawyer in the Examination Room

By Janice G. Inman
February 27, 2013

Last month, we began discussion of the question: “When the court orders a litigant to undergo a psychological examination, is it proper, or permissible, for that party's attorney to attend the session?” The U.S. Supreme Court made clear in United States v. Wade, 388 U.S. 218 (1967), that criminal defendants had a right to have their attorneys present during medical exams, but the requirements in civil actions are far less clear. Understandably, then, although the arguments pro and con are pretty much the same no matter what the jurisdiction, state and federal courts have come to differing conclusions.

New York Court Ponders the Question

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