Forensic Psychiatry Litigation Consulting for Attorneys

Not every useful expert role begins with testimony. In complex litigation, the earlier value may lie in consultation: identifying the psychiatric questions that actually matter, clarifying what evidence is missing, testing whether the case theory is clinically and behaviorally sound, and helping counsel avoid overstatement before the record is fully developed.

Bennett Blum, MD provides forensic psychiatric case consultation and expert witness services for attorneys in selected matters involving mental and testamentary capacity, undue influence, coercion, elder financial exploitation, fiduciary abuse, impaired consent, professional authority, and vulnerability to manipulation.

His work is especially relevant when the legal issue depends not only on what a person signed, transferred, consented to, or changed, but on what the person could understand, appreciate, resist, verify, and decide under the conditions that existed at the time.

Board-certified in psychiatry • Fellowship-trained in forensic psychiatry and geriatric psychiatry • More than 30 years of specialized experience • More than 1,000 forensic matters

Independent analysis of supporting evidence, contradictory evidence, reasonable alternative explanations, and material limitations.

When Consultation May Help

Forensic psychiatric consultation may assist before expert designation, during discovery, in preparation for deposition, or when counsel is evaluating whether the record supports a testifying expert opinion.

• Early case assessment before expert designation

• Review of pleadings, records, deposition transcripts, reports, and case materials

• Identification of records and witnesses needed to support, clarify, or refute the essential forensic psychiatric opinions

• Clarification of psychiatric issues so counsel does not ask the wrong questions

• Assistance with discovery planning and deposition preparation

• Evaluation of mental capacity, vulnerability, undue influence, coercion, consent, psychiatric impairments, and other issues affecting decision-making

• Review of opposing expert opinions, forensic reports, and testimony

• Assistance with report themes, narratives, and case presentation

• Expert reports, deposition testimony, and trial testimony when appropriate

Early Litigation Questions

In many matters, the threshold issue is not whether the case is emotionally compelling. The more useful question is whether the evidence can support a disciplined forensic opinion.

• What psychiatric issue is actually central to the dispute?

• Is the question one of capacity, vulnerability, undue influence, coercion, impaired consent, or some combination?

• What was the relevant decision, document, transaction, or legal act?

• What was the person’s mental and functional condition at the operative time?

• Did the person understand the nature and consequences of the decision?

• Was the person vulnerable to manipulation despite partial capacity?

• Was access to information, advisors, family, physicians, or independent judgment restricted?

• Does the chronology support the alleged mechanism of influence or impairment?

• What facts weaken the proposed opinion?

• Would expert testimony materially assist the court, or is the better role early non-testifying consultation?

Relevant Matters

Dr. Blum’s litigation consulting is most often relevant in selected, complex matters involving:

• Probate, trust, estate, and guardianship disputes

• Testamentary capacity, contractual capacity, donative capacity, and decisional capacity

• Undue influence, coercion, dependency, isolation, and active procurement

• Elder financial exploitation and fiduciary abuse

• Business and financial litigation involving consent, pressure, capacity, or vulnerability

• High-value transactions, beneficiary changes, gifts, settlements, releases, or transfers

• Professional-misconduct matters involving authority, trust, dependency, or impaired consent

• Opposing expert review in capacity, vulnerability, and undue influence disputes

• Selected international, institutional, or high-public-importance matters

Dr. Blum accepts a limited number of cases. Priority is given to cases involving genuinely complex psychiatric questions, substantial financial or human stakes, or issues likely to matter beyond the immediate dispute.

The most suitable matters are those in which forensic psychiatric analysis can clarify the record rather than merely add another opinion. Routine disputes, generalized grievances, pro se inquiries, clinical-care requests, emergency questions, and matters without a meaningful forensic psychiatric issue are not the focus of this service.

Consulting and Testifying Roles

A consulting role and a testifying expert role are not the same. In some matters, counsel may need confidential early analysis before deciding whether expert testimony is necessary or advisable. In others, the record may support a testifying role involving report preparation, deposition, or trial testimony.

The distinction should be made deliberately. Early consultation can help counsel identify strengths, weaknesses, missing evidence, and alternative explanations before the case hardens around a theory. Testimony should be reserved for opinions that are sufficiently supported, relevant to the legal issues, and capable of being explained with restraint.

Dr. Blum may assist as a non-testifying consultant, testifying expert, report reviewer, deposition-preparation consultant, opposing-expert reviewer, or attorney educator, depending on the matter, timing, record, and applicable legal requirements.

Related Attorney Resources

For further background, attorneys may review:

• Early Forensic Psychiatry Consultation in Complex Litigation

• Screening Experts in Capacity and Undue Influence Cases

• Forensic Psychiatry Expert Witness and Litigation Consulting Services

Attorney Case Inquiries

Matters are screened for conflicts, fit, timing, complexity, and whether specialized forensic psychiatric analysis can materially assist counsel. The practice does not accept clinical-care requests, emergency matters, or pro se engagements through this website.

Attorneys may submit a non-confidential case inquiry through the Contact page. Do not send confidential materials, protected information, records, pleadings, discovery, or documents until conflicts have been checked and a written engagement agreement is in place.

Submitting an inquiry does not retain Dr. Blum, does not create a physician-patient relationship, does not create an expert-consultant relationship, and does not preclude Dr. Blum from being retained by another party unless and until a written engagement agreement is signed.