Topics: Lawyers

How to Choose a Lawyer After Your Therapist Has Exploited You

After you have decided to call a lawyer, the next question is which one.  The following suggestions might be helpful:

• Ask forensic psychologists/psychiatrists who are experts in these cases. (They have usually worked with lawyers who have handled therapist malpractice cases.)

• Do a literature search to find the names of lawyers who have published in this field.  Call them to ask for recommendations for a lawyer in your state.

• Ask anyone you trust if they have used a lawyer for whom they have a high regard: Call that lawyer, and ask for a referral.

• Some on-line resources are available for choosing a lawyer in your geographic area. Beware.  Check references carefully.

• Check your library for a Martindale-Hubbell Law Directory.  It lists most lawyers and their areas of specialization, and rates them.  Remember that malpractice attorneys do not necessarily understand cases of exploitation by therapists.

• Ask victim/survivor groups such as TELL

Choose a Lawyer Who Specializes in Therapist Malpractice Cases

The lawyer’s area of expertise and prior experience are important.  Discuss with the lawyer how much experience he/she has had in dealing with cases similar to yours.  Ask about the type of cases the lawyer generally handles.  How many similar cases?  What were the results?  The right lawyer should have substantial experience in handling cases similar to yours.

How Much Is This Going To Cost?

When you call the lawyer to set up an appointment, ask if he/she charges for the initial consultation.  Most lawyers do not.  If the lawyer takes your case, he/she will usually do so on a contingent fee basis.  This is an agreed upon percentage of any monies obtained through negotiation, settlement, or trial.

You will be responsible for out-of-pocket expenses such as filing fees, deposition fees, and expert fees.  Have the lawyer carefully explain the contingent fee agreement.  Do not sign the agreement in the office.  Take it home, and think about it.  Ask yourself: Is this what I want to do?  Would I feel better if I got a second opinion?

The First Meeting

For the first meeting with the lawyer, bring all papers, photos, and other material that you believe is relevant.  If the lawyer does not immediately understand liability, get another lawyer.  Be sure that the lawyer covers all options available to you.  One option is to do nothing.  Other options are detailed at the TELL website.  Each of these options accomplishes different things for you, and each involves a different level of your participation.  In some cases, you may want to pursue several of these options.  The decision always remains with you.

How Soon Must I Take Action?

There may be statutes of limitations.  Statutes of limitations limit the time you have to make a complaint against the person responsible for your injury.  The time limit varies from state to state.  The time for filing a civil suit may differ from the time to file a complaint at a licensing board.  Check your state’s laws.

What Do I Need to Know About a Civil Lawsuit?

Civil litigation is emotionally difficult for the parties involved.  It is important for the lawyer to be clear with you about the negative aspects involved in pursuing civil litigation.  The lawyer should explain the mechanics of litigation, such as filing the complaint, service, interrogatories, production of documents, and depositions.  In addition, the lawyer should give you enough information so that you can truly give informed consent to going forward. 

You should know the following:

• The legal process is adversarial.  The most common defense to a complaint of exploitation by the therapist is that it never happened.

• Throughout the legal process, many other people will hear your story.  Some will blame you.

• Depending on the state, a lawsuit may take one to five years.  This time may be extended if there is an appeal.

• The outcome of civil litigation is money for damages.  The case may settle before trial, and there may be silence agreements (gag orders).   You will be under some pressure to settle.  You can always refuse to settle and go to trial.

• In most states, publicity is possible, and no pseudonyms will be used.

• All your records will become available to the therapists.  These include your medical records, tax returns, employment records, educational records, and your current therapist’s records.

• All documents you have, including your diary, may have to be given to the therapist’s lawyer.

• Your current therapist will most likely be deposed.

• Intimate details regarding your relationships with your spouse/partner, family, and friends will be investigated.  In other words, you will lose your privacy.

If you decide that civil litigation is right for you, then be sure that your lawyer has experience.   He/she should return your phone calls promptly and keep you updated on the status of your case. You should be sent copies of all correspondence and documents filed in court.  The right lawyer should respect you as a client.

(Editor's note: For a list of potential attorneys, click here.)

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