Services
Attorney Consultation Procedures
Attorney Consultant is a highly specialized and unique role. Subsequent to completing approximately 400 child custody evaluations, Dr. Ken Perlmutter began to serve as a Reviewing Expert pursuant to California Evidence Code §733. To date he has reviewed over 100 child custody evaluations in that role. This work is commonly a neutral assessment of a child custody work product. Additionally Dr. Ken Perlmutter regularly consults with attorneys about multiple other aspects of such matters. I do regularly perform work product reviews of Relocation matters as I have special expertise in that area. There are essentially three unique versions of this role.
Confidential Consultant to an attorneys to educate on their matters
What the role is about:
- Begins with a confidential consultation and can be about any aspect of a custody matter in
which an attorney seeks consultation and the specialist’s input/perspective. - Can pertain to a variety of aspects of a custody matter such as to receive a fresh perspective
and specialist’s input on their client’s functioning in a high conflict custody matter that may be
headed to Recommending Mediation or Child Custody Evaluation (or BFA). - Can be about other types of custody related cases that are in dispute (e.g. relocation custody
evaluations, high conflict matters, matters that show evidence of “refuse-resist dynamics”).
NOTE: Signing a separate agreement confirming that the role is only a confidential consultation.
NOTE: No contact with the client.
NOTE: Further Consultant involvement and Role id identified based on the specific case and the need of the counsel .
Most typically the role of Attorney Consultant involves reviewing the work product of a neutral mental health professional who has completed a Child Custody Evaluation. In the first entirely confidential phase counsel explains the matter and what they would like the specialist to focus on in the review of the work product.
NOTE: A Child Custody Confidential Consultant/Reviewing Expert Consent and Agreement executed.
The process consists of:
Consultations with the Cousel
The mattter explanation, its current status
Disussion of the Counsel goals for the specific case
Discussing specific strategies of the counsel’s practice and plan in the case. (Might be the case if further partitipation of the Consultant is agreed upon)
The evaluation (it may also involve review of key documents and objections (if filed)) and a full analysis of it.
California Rule of Court 5.220 and AFCC Guidelines for the Practice of Child Custody Evaluation, and other pertinent and applicable guidelines and standards pertaining to the practice of child custody evaluations are used during the review.
NOTE: The initial comprehensive feedback is provided verbally.
I strive to conduct the analysis objectively as though I would if I had been
appointed as the neutral FL-327 evaluator. In this neutral review I conduct
an analysis of the report’s strengths/weaknesses, assess the presence of any fatal
flaws (e.g. forms of bias), if it has adhered to state and local rules, and address
the attorney’s original questions and concerns in addition to any I may have
noted
Dr. Ken Perlmutter
NOTE: In this role I start and advise the counsels that my opinions may not support their or their client’s position.
NOTE: In this role I start and advise the counsels that my opinions may not support their or their client’s position.
Disclosed Expert Role
If the parties agree to proceed to the next phase, they execute a formal agreement in letter form that details the past and future nature of Consultant work. At that point the Consultant becomes a Disclosed Expert and the work is no longer privileged or subject to work product protection. Thereafter the Disclosed Expert may review additional documents and do further analyses as appropriate. Available to be disclosed as an expert witness which may involve writing a declaration, being deposed, testifying at trial, and consulting with the attorney before and at trial.
Confidential Child Custody Consultant
In this entirely confidential, non-disclosed role the specialist works with the attorney (in a consultative role) and their client (in an educative role). Most typically the client is about to commence a child custody evaluation or other evaluative process (e.g. BFA or Recommending Mediation). At the start of this consultation the attorney explains the status of the matter and what the focus should be for the specialist work with their client.
I view this work as primarily educational and in the first interview with the client
I will review the typical process of a custody evaluation (or other evaluative
procedure) with the client in order to familiarize them with the process and work
with them to be comfortable in it.
Dr. Ken Perlmutter
Key Aspects of the process:
Help the client clarify and express what their goals and requests will be in the process they are about to begin.
Discuss age and developmentally appropriate time share plans for children.
Provide various educational materials on parenting plans including constructing developmentally appropriate parenting plans.
Meet as appropriate and indicated during the process and that frequency is assessed over time based on what develops in their particular process.
Once the custody evaluation is completed the specialist is available to review it and consult with the attorney about the eventual work product.
NOTE*: The role is not psychotherapy or counseling, no coaching the client through the process by having regular meetings.
NOTE**: The specialist does not serve as a disclosed expert.
