What Should Clinicians in Organizations Without Established MLP Programs Do When Their Patients Need Lawyers to Meet Their Health Needs?

Undocumented people in the United States face innumerable legal and structural barriers to health and health care services, including for kidney failure. Their experiences vary across states and regions due to wide variation in insurance coverage and unreliable access to health-promoting resources, including medical-legal partnerships. This commentary on a case canvasses key policy about structural and legal determinants of health for undocumented persons.

How Should MLP Clinicians and Attorneys Help Veterans Secure Disability Benefits When Health Records Documentation Is Insufficient?

This case commentary considers unique features of medical-legal partnerships (MLPs) in the Veterans Health Administration that may potentially mediate and minimize ethical tensions that may arise in MLP collaborations involving diagnosing and documenting disability.

Why MLP Legal Care Should Be Financed as Health Care.

Medical-legal partnership (MLP) integrates the unique expertise of lawyers into collaborative clinical environments. MLP teams meet the needs of individual patients while also detecting structural problems at the root of health inequities and advancing solutions at the institutional, community, and system levels. Yet MLPs today operate in limited settings and survive on scant budgets. Expanding their impact requires secure funding. Financing MLPs as health care can do the following: (1) help address inequity at the point of care; (2) enable expert diagnosis and treatment of nonmedical drivers of health; (3) enhance team-based practice in health care organizations; (4) offer another way for clinicians to participate in advocacy; and (5) bolster a broader movement to increase access to justice.

How Is Access to Legal Resources and Advocacy Foundational to Health Justice?

Health justice as a movement incorporates research about how to more effectively leverage law, policy, and institutions to dismantle inequitable power distributions and accompanying patterns of marginalization that are root causes of health inequity. Legal advocacy is key to health justice because it addresses patients' health-harming legal needs in housing, public benefits, employment, education, immigration, domestic violence, and other areas of law. In medical-legal partnerships, lawyers and clinicians are uniquely positioned to jointly identify and remove legal barriers to patients' health, advocate for structural reform, and build community power.

Building Successful Partnerships Between State Health Departments and Attorney General Offices: The Minnesota Example.

In recent years, the Minnesota Attorney General's Office and the Minnesota Department of Health have cultivated a productive partnership to strengthen the state's multidisciplinary response to overlapping health equity and social justice issues. This article describes shared efforts in three areas: post-conviction justice, drug overdose, and human trafficking/exploitation.

Lawyers rapport building practices with child witnesses.

BACKGROUND: Existing literature on rapport building in forensic interviews with children has primarily focused on police or social workers (Collins et al., 2002); overlooking the lawyer-child relationship. OBJECTIVE: The present study was a novel exploration of the rapport building process between lawyers and child witnesses during the interview stage of a criminal proceeding. PARTICIPANTS AND SETTING: A total of 67 Canadian lawyers (Mage = 41.69, SD = 11.19; 51 % female-identifying) with experience questioning child witnesses (i.e., under 18 years old) were surveyed on their rapport building with child witnesses. METHODS: A self-report survey was used to assess how lawyers conceptualize and engage in rapport building with child witnesses. RESULTS: Lawyers were found to perceive rapport building as an important element when working with child witnesses; however, the lawyers' self-reported rapport building techniques overlooked several important elements of rapport building identified in forensic interviewing literature. Overall, the role of the lawyer (i.e., prosecution or defence), but rarely gender, influenced their self-reported rapport building methods. Prosecution lawyers tended to report behaviors that were more aligned with creating an interpersonal connection during the rapport building phase with the child, such as creating an environment where the child feels safe and comfortable. CONCLUSIONS: These findings provide insight into how lawyers conceptualize and engage in rapport building with child witnesses. Overall, the lawyers perceived rapport building as an important element with child witnesses, but only some of the techniques mentioned are considered best practices to build rapport with children.

Child welfare predictive risk models and legal decision making.

BACKGROUND: Child welfare agencies around the world have experimented with algorithmic predictive modeling as a method to assist in decision making regarding foster child risk, removal and placement. OBJECTIVE: Thus far, all of the predictive risk models have been confined to the employees of the various child welfare agencies at the early removal stages and none have been used by attorneys in legal arguments or by judges in making child welfare legal decisions. This study will show the effects of a predictive model on legal decision making within a child welfare context. PARTICIPANTS AND SETTING: Lawyers, judges and law students with experience in child welfare or juvenile law were recruited to take an online randomized vignette survey. METHODS: The survey consisted of two vignettes describing complex foster child removal and placement legal decisions where participants were exposed to one of three randomized predictive risk model scores. They were then asked follow up questions regarding their decisions to see if the risk models changed their answers. RESULTS: Using structural equation modeling, high predictive model risk scores showed consistent ability to change legal decisions about removal and placement across both vignettes. Medium and low scores, though less consistent, also significantly influenced legal decision making. CONCLUSIONS: Child welfare legal decision making can be affected by the use of a predictive risk model, which has implications for the development and use of these models as well as legal education for attorneys and judges in the field.

Professional Values and Mental Health Tribunals: How Healthcare Professionals' and Lawyers' Views Are Shaped by Values, and How This Might Impede Reform.

Most countries that provide for compulsory treatment for mental illness have a system by which this treatment is subject to independent legal oversight. Many countries use a special type of legal body for this purpose, called a mental health tribunal. Mental health tribunals have been subject to criticism from the points of view of both legal professionals and mental healthcare practitioners. Similar themes have manifested in these criticisms and have been consistent across several decades; legal professionals tend to focus on the tribunals being biased toward the medical opinion, and acting as a 'rubber stamp', whereas healthcare practitioners tend to focus on the adversarial nature of the trial, and the adverse effect that this can have on clients. However, empirical studies of the tribunals have not separated and directly compared these perspectives. This study aimed to explore this dynamic between lawyers' views and healthcare practitioners' views of mental health tribunals. We used thematic analysis to re-analyse data from two previous research studies, one which looked at lawyers' views of the tribunals, and one which looked at healthcare practitioners' views. Our results are divided into three themes: views of the problems with tribunals, professional roles in relationship to the tribunals and professional values demonstrated through these views and roles. We then consider if the 'clash of values' represented by these findings, and found in the literature, may pose an impediment to tribunal reform. Identifying and exploring this barrier is an important step to moving beyond critique to reform.

[Medical negligence in cardiology: enter the lawyers and the experts and, then, the judge]. / Colpa medica in cardiologia: entrano gli avvocati e gli esperti e, poi, il giudice.

Legal proceedings for medical negligence usually origin from painful events and their management is often complex, also at an emotional level, both for the families involved and for the physicians assumed to carry responsibility. Many of these aspects are unfamiliar and unclear to the doctors themselves who then need to interact, together with their lawyers, with judges who must take serious decisions on technical facts not easy to be fully comprehended by non-medical persons.On the basis of our different and highly specific personal experience, we have tried to clarify some of the fundamental issues concerning medico-legal cases. Accordingly, we have discussed the different types of guilt, made the distinction between civil and penal cases, with special focus on one issue which is particularly critical, namely that of the importance of guidelines. We have presented some examples of clinical cases and highlighted some glaring differences existing in the management of medico-legal cases between Italy and the United States. Despite obvious complexities, these differences might suggest some approaches toward the simplification of these proceedings and the shortening of the time involved to reach a conclusion.

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.

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).

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).

Criminal Defense Attorneys and Client Suicide: Survey and Recommendations From Washington State.

The connection between suicide and incarceration is well documented, in particular after recent arrest. Criminal defense attorneys may be one of the few people in meaningful contact with this population, and lawyers have a unique window into their clients' well-being. In this Viewpoint, we explore the experiences of attorneys who work with clients with suicidal thoughts and behaviors. We developed and administered a survey to criminal defense attorneys in the State of Washington, ascertaining their experiences with client suicide. A total of 44 responses were collected, with over 95% of respondents having been concerned about a client's risk for suicide. We conclude that client suicide widely impacts criminal defense attorneys, and lawyers' role with justice-involved clients uniquely positions them to be a potential asset in suicide prevention efforts.

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'.

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.

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.