Daubert/Frye-Reed Study

Providing expert witness testimony and experiencing a courtroom challenge, such as a Daubert or Frye challenge, can make or break a professional counselor’s career. This study aimed to look at demographic variables of the 124 practicing respondents in the counseling field and the likelihood of experiencing a challenge in court, as well as how stressful that experience was for those who indicated experiencing one or more during their career (n=73). This study also asked participants to share how this challenge arose, and how experiencing a challenge has changed their current work, including how they conduct evaluations. Based on the results of this current study, demographic information does impact the amount of stress experienced during a challenge providing testimony. Responses to the open-ended survey questions yielded the following themes: opposing counsel or questions about methodology bringing about the challenge, expecting another challenge in the future, using awareness and caution when writing reports submitted to the court, and utilizing consistency, standardization, and empirical support when conducting evaluations on clients and writing reports. The implications yielded by this study can act as a guide for best practice to practitioners who may find themselves providing expert testimony pertaining to their clients that could cause damage to the case or professional reputation.