National Association of Social Workers

‘I Serve ... With a Keen Sense of Duty, Hoping My Perspectives Help Right a Wrong’

Expert Witnesses: Social Workers Take the Stand

NASW has long supported social workers’ ability to testify as expert witnesses.

By Paul R. Pace, News Staff

John Michael Yanson

Social workers who develop the skills to serve as expert witnesses in legal proceedings say the job is challenging, but it can also be extremely rewarding.

Johnnie Hamilton-Mason, a professor at Simmons College School of Social Work, takes pride in knowing her social work skills can play a vital role in furthering justice for people.

She said social workers have the training to offer clinical assessments and treatment for those who may become entangled in the legal system. “This is a way we can expand our roles,” she said. “I like the fact that I can work with people in an advocacy role to help them right a wrong.”

Hamilton-Mason has served as an expert witness since the 1990s and she is often selected by judges in the Boston area to give her opinion on cases that deal with such things as workplace stress, post-traumatic stress disorder and racial discrimination.

“Part of my role is to do good clinical assessments and treatments,” she said. “It’s extremely gratifying to have the ability to testify. It requires confidence in your capability to assess and state what you believe is going on with the case.”

According to the NASW General Counsel Law Note titled “Social Workers as Expert Witnesses,” social workers are called to offer their opinions on a variety of topics. It states that, unlike a layperson, an expert is allowed to testify beyond the specific facts related to treatment provided. It adds that an expert may draw upon the same facts and express an opinion based on his or her field of expertise.

Social workers may be called as expert witnesses in cases involving civil commitment, child neglect and abuse, parental rights, guardianship, mental and physical personal injury, disability, competency and criminal culpability.

Frederic Reamer, a professor at the School of Social Work at Rhode Island College, has researched and written extensively on social work ethics. Because of his area of study, he is often asked to give expert testimony on cases involving ethics violations of social workers. He said he agrees to be an expert witness only when he can support the arguments or claims being made in the case.

In that role, “I serve as an expert witness with a keen sense of duty, hoping my perspectives can help right a wrong,” he said.

Click here for full story…> >

From January 2011 NASW News. © 2011 National Association of Social Workers. All Rights Reserved. NASW News articles may be copied for personal use, but proper notice of copyright and credit to the NASW News must appear on all copies made. This permission does not apply to reproduction for advertising, promotion, resale, or other commercial purposes.