Therapist, Evaluator, Expert: Understanding Roles in Counseling and Assessment

At Bailiff Clinical Services, we operate at a unique intersection where clinical mental health care meets the rigorous demands of the legal system.

Because we offer services across this spectrum, at times we encounter confusion regarding the different roles a mental health professional can play. A common question we hear is, "If I am seeing one of your clinicians for therapy, can they also write the evaluation for my custody case?"

The short answer is usually no—and for very good ethical reasons.

While the subject matter—human psychology, behavior, and mental health—is the same, the goals, methods, and ethical obligations of Professional Counseling, Forensic Assessment, and Expert Testimony are vastly different.

Understanding these distinctions is crucial for anyone navigating the mental health or legal systems.

Here is a breakdown of the three distinct "hats" we wear at Bailiff Clinical Services, and why the difference matters.

Professional Counseling

• The Goal - Healing, growth, and support

• The Client - The individual, couple, or family seeking treatment

• Role - Therapeutic, helper, counselor, advisor

In professional counseling, the relationship is therapeutic. The clinician’s primary role is to be an advocate for the client’s well-being. The environment is designed to be safe, supportive, and non-judgmental. The process is subjective, focusing on the client’s personal experience, feelings, and perspective to help them manage symptoms (like anxiety or depression), navigate trauma, or improve relationships.

Crucially, what happens in therapy is highly confidential. With very few exceptions regarding safety, what is said in the room stays in the room.

Forensic Assessment

• The Goal - Objective data and judicial clarity

• The Client - Often the court, an attorney, or a legal entity, rather than the person being evaluated

• Role - Forensic, evaluator, clarifier, assessor

This service line looks very different from therapy. A forensic assessment is not treatment; it is an evaluation conducted specifically to answer a legal question for a court.

In a forensic role, the clinician is not an advocate for the person being evaluated, but rather an objective evaluator of the truth. This does not mean this role cannot be helpful to the person being evaluated, but it does mean the primary obligation is to provide accurate data to the court, attorney, or legal entity. In a Forensic Assessment we use standardized tests, review records, and conduct interviews to form a defensible, scientific opinion on issues like violence risk, competency, or substance misuse.

Unlike therapy, a forensic evaluation is not confidential in the same way. The entire purpose of the evaluation is to produce a report that will be read by attorneys and judges to aide in decision-making.

Expert Testimony

• The Goal - To educate the trier of fact (the judge or jury)

• The Client - The entity who hires the Expert witness

• The Role - Educator, translating complex clinical findings into understandable language

An expert witness is brought into legal proceedings because they possess specialized knowledge that the average person does not have. Expert testimony may or may not involve Forensic Assessment. At times an Expert is called in to provide analysis or interpretation of evidence for a case in question.

Whether through depositions or taking the stand in open court, expert testimony involves explaining, clarifying, or defending the methodology used in a forensic assessment and explaining psychological concepts clearly under cross-examination. It requires composure, clarity, and an unwavering commitment to the data. Expert testimony is not purposed to "win" the case for one side, but to assist the court in understanding the mental health evidence so a fair decision can be made.

The Crucial Distinction: The "Dual Relationship"

This brings us back to the common question: Why can’t my therapist be my forensic evaluator?

In ethical terms, this is called a "dual relationship" or a conflict of interest. A clinician cannot simultaneously be a supportive advocate (therapist) and a neutral, objective evaluator (forensic evaluator) for the same person.

If a therapist tried to write an objective forensic report on their own client, their necessary bias toward supporting that client would undermine the report's credibility in court.

Conversely, if a forensic evaluator tried to provide therapy to someone they just evaluated, the lack of traditional confidentiality and the evaluative nature of the relationship would make true therapeutic trust nearly impossible.

A Caveat

There are certain cases in which therapy is a component within an ongoing assessment process due to the particular nature of a case. One such example may include cases in which a clinician has been ordered by the court to provide therapeutic services and then report back to the court, or within ongoing sex-offending treatment where amenability to treatment is an essential question that can only be explore over the course of time. Such cases are usually governed by the court order which initiated services and are reviewed with the various parties prior to beginning treatment.

Distinct Roles, Unified Expertise

At Bailiff Clinical Services, we are proud to offer high-level expertise in all three areas. While the roles remain ethically distinct—we keep our therapy practice separate from our forensic work—our understanding of the entire landscape benefits everyone we serve.

Our therapists understand the pressures of legal involvement, and our forensic experts understand the nuances of clinical diagnosis.

Whether you need a safe space to heal, an objective evaluation for a legal matter, or clear testimony in the courtroom, knowing which service you need is the first step. If you are unsure, reach out to us today, and we can guide you toward the appropriate path.