Interlude: Living and Working in Two Worlds: The Psychoanalyst in the Office, and the Psychoanalyst as Forensic Expert in the Courtroom

Many of the ordinary working rules and prerogatives of the psychoanalyst become invalid once forensic work is undertaken. Forensic evaluation and testimony have their own unique rules, pitfalls, and countertransference and transference problems. Yet it is Dr. Gunsberg's position that the trained psychoanalyst brings unique skills and perspective to the courtroom, albeit sometimes not received well by the Court. Despite the different perspectives, goals, and origins of psychoanalysis and the law, Gunsberg traces the historical roots of their mutual interaction. Collaboration by lawyers and psychoanalysts has lead to significant advances in legal doctrine in both criminal law and family law issues.

Gunsberg presents case material that demonstrates the value of the psychoanalytic perspective and training in preparing and defending the forensic evaluation. Forensic work, although intellectually both difficult and gratifying, can be very stressful, particularly when there is an intelligent, informed, and persistent cross-examination. In fact, advising an attorney on the cross-examination of experts and/or individuals is another use of psychoanalytic knowledge in the courtroom. Gunsberg concludes with a detailed discussion of the legal and psychoanalytic dilemmas concerning confidentiality. She also reminds us that the treating psychoanalyst and the psychoanalytic forensic evaluator must be two different people since their relationship to important issues such as confidentiality and factual reality is not the same.