Dialogue between family law attorneys, psychologists will continue

Listen to this article

Gregg Herman

Last year in this column, I wrote a series of articles on the need for collaboration between attorneys and psychologists who work in the family law area. In the series, I discussed the overlap between the two professions and plans for an ongoing effort to improve the services both groups offer to their clients and patients. Here’s an update.

In December 2005, a group of family law attorneys representing the American Bar Association Family Law Section (ABA FLS) met in Washington D.C. with a group of psychologists representing the American Psychological Association. The dialogue covered numerous areas of common concern, including use of psychologists as evaluators, use of lawyers as guardians for children, the effect of domestic violence on children, the effectiveness of parenting coordinators, alternative families, and much more.

The clear message that arose out of the meeting was the desperate need of the two professions to communicate with each other to share information, ideas and strategies.

Included in the discussion was a proposal for a second joint meeting between the two professional organizations. Such a meeting had been held in April 1997 in Los Angeles and, while it was universally deemed highly valuable, there was no continuation or follow-up. This time, a joint meeting will be one step on an ongoing journey, rather than an end, in and of itself.

To foster the relationship, the major topics of joint concern were broken down into seven categories. These categories are:

• Psychological evaluation and assessment;
• Custody and parenting plans;
• Issues of alleged abuse, neglect or endangerment;
• Representing and advocating for children;
• Ethics and standards;
• Psychological and legal interventions with parents, children and families; and,
• Alternatives to traditional models and processes.

A working group has been assigned to each of these topics. Each working group is being co-chaired by an attorney from the ABA FLS and a psychologist from the APA. Each working group has been charged with the task of discussing their topic and devising ideas in which the two professions can collaborate. Some of these collaborative efforts may involve publications, Web site information or even conferences.

In August, I will have the honor of beginning a one-year term as chair of the ABA FLS. In this role, we are planning a joint meeting with the APA from April 29-May 3, 2008 in Chicago. At that meeting, CLE programs will be produced for psychologists, for lawyers and for both together.

In the meantime, these seven working groups are charged with the responsibility of exploring ongoing matters of concern and cooperation.

For too long, these two overlapping professions have operated independently — at times, even a bit suspicious of each other. The ongoing relationship between the ABA FLS and the APA is designed to bridge this gap. This will require a great deal of work and creativity. Hopefully, I will be able to report back with concrete examples of this collaboration in action.

Gregg Herman is a shareholder with Loeb & Herman S.C. in Milwaukee, which practices exclusively family law. Herman can be reached by e-mail at gherman@ loebherman.com.