Case Management Consultant to Attorneys in Litigated Cases.

ABSTRACT: Rehabilitation nurses possess knowledge and skills that are ideally suited to a variety of roles. This article informs rehabilitation nurses about opportunities to work in private case management for medical-legal cases. A brief overview of the process of litigation gives nurses the context in which case management interventions are needed. Case examples illustrate the services that nurses provide to attorneys and their clients that help obtain needed care and aid in progressing litigation to resolution.

Forensic Professionals' Stress Inventory (FPSI): Development and psychometric properties.

Professionals in the justice system are particularly susceptible to occupational stress and burnout due to factors intrinsic to their profession. The Forensic Professional's Stress Inventory (FPSI) was designed to assess stress and psychological distress specifically in justice system professionals. A preliminary 41-item scale was administered to a sample of 690 forensic professionals (i.e., judges, lawyers, and attorneys). Exploratory factor analysis, exploratory structural equation modeling, and confirmatory factor analysis were conducted to find the most interpretable and parsimonious factor solution for FPSI. The 25-item bifactor model (with four first-order factors) demonstrated the most adequate fit to the data. Overall, FPSI revealed adequate psychometric properties and would be a useful instrument for assessing psychological strain and stress in forensic professionals.

Realistic three-dimensional imaging of injuries in forensic medicine - Survey-based method comparison of CRT and VRT.

OBJECTIVE: A comparison between Cinematic Rendering Technique (CRT) and Volume Rendering Technique (VRT) in cases with postmortem CT-angiography (PMCTA) was carried out. METHODS: For different injuries seen in PMCTA, a VRT and a CRT image of exactly the same pathological section was generated. Two questionnaires were created, one with CRT and one with VRT reconstructions, with the same questions per 3D-image. The questionnaires were sent to forensic pathologists, lawyers and police officers. In total eleven different injuries had to be analyzed. RESULTS: In total 109 questionnaires were answered fully. Of these returnees, 36 stated that they were forensic pathologists. Seventy-three people were assigned to the group of medical laypersons, in the study this group consists mainly of police officers, judges and lawyers. Between the two software programs CRT and VRT that were compared, no significant difference could be identified in any of the participating groups with regard to the assessment of the life-threatening nature of the injury images shown. When asked about the comprehensibility of pathology, there was a significant difference in favour of CRT. This advantage was apparent to named medical laypersons and to forensic pathologists. CONCLUSIONS: The study showed a positive trend that CRT may be more understandable than VRT. Not only the medical laypersons, but also the forensic physicians found CRT to be beneficial.

The power of meaningful numbers: Attorney guidance and jury deliberation improve the reliability and gist validity of damage awards.

OBJECTIVE: A mock jury experiment tested the effects of attorney guidance and jury deliberation to mitigate the challenges that civil juries face in assessing damages. HYPOTHESES: We hypothesized that two types of attorney guidance (per diem, per diem + lump sum), theoretically based in the Hans-Reyna model of jury decision making, would improve jury decision making compared with no guidance against five key benchmarks: injury assessment, validity, reliability, verbatim-gist coherence, and metacognitive experience. We expected that deliberation would increase reliability of, confidence in, and polarization of awards compared with predeliberation. METHOD: Community members (N = 317; 61% women; 86.1% White; Mage = 48.68 years) deliberated in 54 mock juries. Participants watched a videotaped trial involving an automobile accident in which two plaintiffs sustained concussions (one mild and one severe). The plaintiffs' attorney's closing arguments varied attorney guidance (no guidance, per diem, per diem + lump sum). Mock jurors provided individual judgments before deliberating as a jury and reaching group verdicts and awards. RESULTS: Juries performed well against benchmarks. Providing gist-based guidance with a meaningful award recommendation increased the validity of jurors' individual damage awards (η²p jurors = .03) and the reliability of jury damage awards (η²p jurors = .04; η²p jurors = .20); gist-based guidance without an award recommendation did not improve performance against benchmarks and increased perceptions of decision-making difficulty (η²p = .13). Deliberation increased reliability of (η²p = .17), confidence in (η²p = .02), and polarization of (d = 2.14) awards compared with predeliberation. CONCLUSION: Juries performed well against objective benchmarks of performance (injury assessment, validity, reliability, and verbatim-gist coherence), and deliberation improved performance compared with predeliberation decisions. Jury decisions were further influenced by attorney closing arguments (the guidance manipulation), especially when the attorney requests a lump sum, which can serve as a powerful influence on jury awards, mainly by setting an upper limit. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Attorneys' experiences, perceptions, and plea recommendations in child sexual abuse cases.

OBJECTIVE: We examined attorneys' experiences, perceptions, and decisions regarding plea recommendations in child sexual cases. HYPOTHESES: We hypothesized that characteristics of the child (age, relationship to alleged perpetrator) and the report (timing of disclosure, consistency across reports) would affect attorneys' perceptions of evidence strength, likelihood of conviction, and plea recommendations. METHOD: We collected data from a national sample of actively practicing prosecutors (n = 217) and defense attorneys (n = 251) who had experience with child abuse cases. They averaged 18 years of experience practicing law, were slightly more likely to be men (53%) than women, and primarily identified as White, non-Hispanic (86%). In Part 1, attorneys answered general questions about their experiences in child sexual abuse cases. In Part 2, they reviewed materials from a hypothetical case that varied the child's age (5 years, 11 years), the child's relationship to the alleged perpetrator (familial, nonfamilial), the timing of the child's initial disclosure (1 week, 6 months), and the consistency of the child's report (inconsistent, consistent). They rated the evidence strength, estimated the likelihood of conviction, and assessed whether they would recommend that the defendant accept a plea offer or proceed to trial. RESULTS: In Part 1, attorneys reported that they often have access to police reports, information about the alleged perpetrator, and evidence from the child when making plea recommendations. They said that it was important to know about prior allegations against the alleged perpetrator or by the child when assessing their credibility. They reported that the length of the sentence, sex offender registration requirement, and possibility of time served guided their plea recommendations. In Part 2, the consistency of the child's report influenced their decisions the most; they rated the evidence against the defendant as stronger when the child was consistent across reports than when the child was inconsistent. Additionally, their perceptions of evidence strength drove their recommendations. When the evidence against the defendant was stronger, attorneys thought that the defendant was more likely to be convicted at trial; thus, prosecutors were less willing and defense attorneys were more willing to recommend a plea. CONCLUSION: Similar to other cases, evidence strength and the perceived likelihood of conviction drive attorneys' decisions to offer or recommend a plea to a defendant in a child sexual abuse case. The consistency of the child's report plays a major role in predicting perceptions of evidence strength. Future research is needed to determine which other factors in child sexual abuse cases may also predict attorneys' perceptions and plea recommendations. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Attorney demands for protected psychological test information: Is access necessary for cross examination or does it lead to misinformation? An interorganizational* position paper.

Objective: Some attorneys claim that to adequately cross examine neuropsychological experts, they require direct access to protected test information, rather than having test data analyzed by retained neuropsychological experts. The objective of this paper is to critically examine whether direct access to protected test materials by attorneys is indeed necessary, appropriate, and useful to the trier-of-fact. Method: Examples are provided of the types of nonscientific misinformation that occur when attorneys, who lack adequate training in testing, attempt to independently interpret neurocognitive/psychological test data. Results: Release of protected test information to attorneys introduces inaccurate information to the trier of fact, and jeopardizes future use of tests because non-psychologists are not ethically bound to protect test content. Conclusion: The public policy underlying the right of attorneys to seek possibly relevant documents should not outweigh the damage to tests and resultant misinformation that arise when protected test information is released directly to attorneys. The solution recommended by neuropsychological/psychological organizations and test publishers is to have protected psychological test information exchanged directly and only between clinical psychologist/neuropsychologist experts.

Large language models as tax attorneys: a case study in legal capabilities emergence.

Better understanding of Large Language Models' (LLMs) legal analysis abilities can contribute to improving the efficiency of legal services, governing artificial intelligence and leveraging LLMs to identify inconsistencies in law. This paper explores LLM capabilities in applying tax law. We choose this area of law because it has a structure that allows us to set up automated validation pipelines across thousands of examples, requires logical reasoning and maths skills, and enables us to test LLM capabilities in a manner relevant to real-world economic lives of citizens and companies. Our experiments demonstrate emerging legal understanding capabilities, with improved performance in each subsequent OpenAI model release. We experiment with retrieving and using the relevant legal authority to assess the impact of providing additional legal context to LLMs. Few-shot prompting, presenting examples of question-answer pairs, is also found to significantly enhance the performance of the most advanced model, GPT-4. The findings indicate that LLMs, particularly when combined with prompting enhancements and the correct legal texts, can perform at high levels of accuracy but not yet at expert tax lawyer levels. As LLMs continue to advance, their ability to reason about law autonomously could have significant implications for the legal profession and AI governance. This article is part of the theme issue 'A complexity science approach to law and governance'.

A survey of what legal populations believe and know about inattentional blindness and visual detection.

Inattentional blindness refers to when people fail to notice obvious and unexpected events when their attention is elsewhere. Existing research suggests that inattentional blindness is a poorly understood concept that violates the beliefs that are commonly held by the public about vision and attention. Given that legal cases may involve individuals who may have experienced inattentional blindness, it is important to understand the beliefs legal populations and members of the community have about inattentional blindness, and their general familiarity and experience with the concept. Australian police officers (n = 94) and lawyers (n = 98), along with psychology students (n = 99) and community members (n = 100) completed a survey where they: a) stated whether an individual would have noticed an event in six legal vignettes, b) rated whether factors would make an individual more, less, or just as likely to notice an unexpected event, c) reported their familiarity with and personal experiences of inattentional blindness, and d) indicated whether they believed individuals could make themselves more likely to notice unexpected events. Respondents in all populations frequently responded "yes" to detecting the unexpected event in most legal vignettes. They also held misconceptions about some factors (expertise and threat) that would influence the noticing of unexpected events. Additionally, personal experiences with inattentional blindness were commonly reported. Finally, respondents provided strategies for what individuals can do to make themselves more likely to notice of unexpected events, despite a lack of evidence to support them. Overall, these findings provide direction for where education and training could be targeted to address misconceptions about inattentional blindness held by legal populations, which may lead to improved decision-making in legal settings.

What medical-legal partnerships can do for trauma patients and trauma care.

ABSTRACT: Trauma patients are particularly vulnerable to the impact of preexisting social and legal determinants of health postinjury. Trauma patients have a wide range of legal needs, including housing, employment, debt, insurance coverage, and access to federal and state benefits. Legal support could provide vital assistance to address the social determinants of health for injured patients. Medical legal partnerships (MLPs) embed legal professionals within health care teams to improve health by addressing legal needs that affect health. Medical legal partnerships have a successful track record in oncology, human immunodeficiency virus/acquired immune deficiency syndrome, and pediatrics, but have been little used in trauma. We conducted a scoping review to describe the role of MLPs and their potential to improve health outcomes for patients with traumatic injuries. We found that MLPs use legal remedies to address a variety of social and structural conditions that could affect patient health across several patient populations, such as children with asthma and patients with cancer. Legal intervention can assist patients in obtaining stable and healthy housing, employment opportunities, debt relief, access to public benefits, and immigration assistance. Medical legal partnership structure varies across institutions. In some, MLP lawyers are employed directly by a health care institution. In others, MLPs function as partnerships between a health system and an external legal organization. Medical legal partnerships have been found to reduce hospital readmissions, increase treatment utilization by patients, decrease patient stress levels, and benefit health systems financially. This scoping review outlines the potential of MLPs to improve outcomes for injured patients. Establishing trauma-focused MLPs could be a feasible intervention for trauma centers around the country seeking to improve health outcomes and reduce disparities for injured patients.

An offer you cannot refuse: Plea offer size affects innocent but not guilty defendants' perceptions of voluntariness.

OBJECTIVE: We examined whether various plea outcomes-including sentence reduction size (smaller, larger), type (traditional guilty plea, Alford plea), and frame (plea discount, trial penalty)-differentially affected innocent and guilty defendants' perceptions of the voluntariness of their guilty pleas. HYPOTHESES: We hypothesized (1) guilty defendants would rate guilty pleas as more voluntary than would innocent defendants; (2) defendants would rate larger sentence reductions either as more voluntary than smaller sentence reductions because they feel more fair or as less voluntary because they feel harder to reject; (3) defendants would rate guilty pleas as more voluntary when the plea offer was framed as a discount compared with a penalty; (4) penalty framing would differentially affect defendants offered large versus small sentence reductions; and (5) Alford pleas would differentially affect guilty versus innocent defendants. METHOD: Adults from Qualtrics Research Panels (N = 1,518; Mage = 59.22 years; 52% male; 83% White, non-Hispanic) played the role of a defendant in a simulated plea decision-making process. They were either innocent or guilty of the accusation. The prosecutor offered them a plea deal that varied in sentence reduction size (smaller, versus larger), type (traditional versus Alford plea), and frame (plea discount versus trial penalty). Participants then decided how to plead and rated the voluntariness of the decision-making process. RESULTS: Plea outcomes affected innocent and guilty defendants in slightly different ways. Innocent and guilty defendants were less likely to plead guilty when the plea offer had a smaller compared with a larger sentence reduction. However, innocent defendants were less likely to plead guilty overall, required more prompting from their defense attorney to plead guilty, and rated the plea decision-making process as less voluntary than did guilty defendants. Innocent defendants also rated the plea decision-making process as less voluntary when offered a smaller compared with larger sentence reduction and when they were offered an Alford plea compared with a traditional guilty plea. Framing the plea offer as a discount or a penalty did not affect defendants' perceptions of voluntariness. CONCLUSION: Variations in plea outcomes affect defendants' perceptions of voluntariness. Moreover, at least some courts' definitions of voluntariness do not align with how laypeople-and thus, possible defendants-view the same construct. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Association between hours of work and subjective well-being. How do physicians compare to lawyers and accountants?

Analyses of physician well-being typically rely on small and unrepresentative samples. In April 2011, the UK Office for National Statistics incorporated subjective well-being metrics (SWB) into the Annual Population Survey (APS), a well-established survey. This survey includes variables from the labor market, making APS an ideal source for measuring the association between work hours and SWB metrics and comparing among different professionals. Using APS data from 2011/12 to 2014/15, this study examined the association between SWB levels and work hours using multiple linear models for physicians (primary care physicians and hospital doctors), lawyers, and accountants. Of the 11,810 observations, physicians were more satisfied, happier, and less anxious; females were more stressed (10.7%); and age was negatively associated with happiness and satisfaction. Incorporating information on preferences to work more hours (underemployment) did not affect physicians' but worsened the well-being of other professionals (lawyers and accountants). Surveyed physicians were less anxious, happier, and more satisfied than lawyers or accountants before Covid. Although the total work hours did not alter the SWB metrics, overtime hours for other professionals did. Increasing the working hours of underemployed physicians (with appropriate compensation) could be a relatively inexpensive solution to tackle the shortage of health workers in the short run.

Exploring how attorneys address grooming in criminal trials of child sexual abuse.

Grooming is a common tactic among perpetrators of child sexual abuse (CSA). It is important that grooming is addressed in court to explain the unintuitive ways a child may act when they have been victims of abuse. The present study draws upon 134 transcripts of CSA criminal trials to establish how attorneys talk about grooming in court. Only 1.8% of attorney's questions addressed grooming behaviors. The majority of these focusing on exposure to pornography (27%) or boundary pushing (19%). Invitations elicited the most productive reports of grooming from children. There was a statistically significant difference in the proportion with which defense and prosecuting attorney's raised grooming issues, with prosecutors raising grooming issues more often than defense attorneys. We suggest that attorneys consider devoting proportionally more time to addressing grooming in court, to help jurors demystify common myths surrounding CSA.

Integrating Lawyers Into Perinatal Care Teams to Address Unmet, Health-Harming Legal Needs.

Across the United States, historically imposed structural, social, and environmental variables are intimately connected to poor obstetric outcomes and high maternal and infant mortality rates among Black pregnancy-capable people. Efforts to diminish the effect of these variables include integrating screening for social determinants of health during the perinatal period and treating them with social services, mental health support, and other referrals, including connections to community-based resources. Although helpful, some of these social determinants cannot be overcome without legal advocacy. Medical-legal partnerships, which integrate lawyers into health care, fill this gap. This commentary by an interprofessional team of authors relies on the experience of an established MLP. We posit that unmet legal needs of perinatal patients merit ongoing monitoring and intervention. We explain the rationale for perinatal practice medical-legal partnerships and share implementation suggestions from a high-intensity safety-net urban hospital.

Mimicry and law: Experiments in a natural setting of a law company.

This paper joins an effort to build a relational approach to law practice by testing mimicry as a vehicle for building trust in a legal context. Mimicry research indicates that this phenomenon leads to benefits, like greater trust, willingness to help, and satisfaction from interactions, which shows a potential for practical applications in, for example, a legal context. In two experiments conducted in the natural setting of a legal company, the tendency to trust the mimicker on a yet unresearched and deep level, namely putting one's legal future and security in the hands of an attorney, was measured. Both experiments consistently showed a greater tendency to give legal representation to an attorney when she verbally (Experiment #1) as well as both verbally and nonverbally (Experiment #2) mimicked the client. This paper explores the potential of applying mimicry in a legal service environment, focusing on fostering cooperation in professional conversations. Furthermore, the study contributes to the existing literature on mimicry by examining its effect on trust. Possible dangers, future studies and limitations are also discussed.

[ONGOING POWER OF ATTORNEY].

INTRODUCTION: Amendment no. 18 to the Legal Capacity and Guardianship Law, 5722-1962, introduced a new concept in Israel - Ongoing Power of Attorney. This is a comprehensive digital legal document which enables an adult, while possessing full cognitive and mental abilities, to determine in advance who will look after his or her interests - medical, financial and personal - in the future, should he or she become incapacitated to manage them. This enables him to provide detailed instructions as to how the appointed person should act. This special (Ongoing) POA allows one to plan the future and live by one's choices and is in accordance with medical ethics principle of autonomy.

Developmental Considerations in How Defense Attorneys Employ Child Sexual Abuse and Rape Myths When Questioning Alleged Victims of Child Sexual Abuse.

Myths and misconceptions surrounding the nature of sexual assault play a role in shaping the perceptions of victims as credible and perpetrators as culpable. Defense attorneys often capitalize on myths in court as an element of their defense strategies. Researchers have established that myths about both rape generally, and child sexual abuse (CSA) specifically, appear with regularity in criminal trials of children who have made an allegation of CSA. Yet no work has systematically and quantitatively examined the impact of a child's age on the probability that attorneys will ask a myth-consistent question in criminal trials of CSA. In the current study, we examine 6,384 lines of questioning across 134 criminal trials of CSA to assess whether defense attorneys employ developmentally sensitive strategies when asking children questions that draw upon myths about sexual violence (CSA myths: disclosure myths, extent of harm, a child's positive relationship with their perpetrator, and the presence of witnesses; Rape myths: force and resistance, motives to lie, victim precipitation, and character issues). We found that attorneys did not vary their use of CSA myths by the age of the child. However, the probability that a child would receive a rape myth-consistent line of questioning, increased with a child's age. This work suggests that attorneys are, at times, strategic in their use of myths and employ these adult rape myths in ways that are plausible, purposeful, and likely impactful. The strategic use of these questions may acknowledge young children's limited development but may place too great a demand on older children's developmental capacities. Prosecutors should be prepared to counterquestion these myths in redirect examination.