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Lawyering and Psychological Research
Model Standard 4.6(b) of the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation [Family Court Review, 45:1, 70'91] urges evaluators “to utilize and make reference to pertinent peer-reviewed published research in the preparation of their reports.” If I were to assert that research shows that, since the publication of the Model Standards, in 2007, more evaluators are citing research in their reports, I would expect to be asked what research I am alluding to. There is none.
Research Support
In reading transcripts of deposition testimony by evaluators, it is not uncommon to encounter allusions to research support for positions taken by the evaluators. Often, no amplification is sought by the deposing attorney. Far more often than not, there are tactical advantages to challenging assertions of research support, and no corresponding tactical disadvantages. If an adverse witness is thoroughly familiar with the relevant research, and if that research does, in fact, support opinions expressed by the evaluator, it is better to learn this in the course of a deposition than to see the evaluator's knowledge on display for the first time at trial. If, on the other hand, the evaluator is engaging in testimonial improvisation or if the research alluded to is flawed, this is best determined at deposition.
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