E. Vocational Rehabilitation Reports and the Courts

Forensic Reports:

• Purpose: A vocational rehabilitation (VR) professional may be hired to produce a report for use in a court setting. This report could be requested by either the plaintiff or the defendant. Regardless of the source, the VR professional must remain objective and base their opinions on facts, not on who is paying for the services.

• Types of Reports in Court:

  1. Opinion-Based Reports: The VR professional is specifically asked to give an opinion about a client’s potential in the workforce. This requires careful documentation and must avoid opinions outside the professional’s scope (e.g., making psychological diagnoses, which is beyond the typical VR professional's expertise).

  2. Ongoing Reports: These reports are created during the vocational rehabilitation process and may eventually be used in court. The VR professional should assume that any report may become part of a legal process.

Reports to the Court:

• Expert Status: In some cases, a VR professional may be considered an “expert” by the court, which allows them to give both facts and opinions. Factors to consider when writing such reports include:

  • Accuracy and Documentation: Ensure that any third-party opinions or information are documented clearly. The report should specify what is accepted as fact (e.g., “For the purpose of this report the following is accepted as fact…”).

  • Use of First Person: The report should be written in first person (e.g., “I did…”), unless multiple people were involved.

  • Opinions Based on Facts: Opinions should be based on solid facts, not speculation or conjecture.

  • Avoid Unverified Information: Never include information based on undocumented “gossip” from third parties.

Expert Witness:

• Definition of an Expert: In the context of forensic reports, a VR professional may be deemed an expert witness by the court. An expert is someone with specialized knowledge acquired through experience, education, or practical observation, even if they don’t have formal academic qualifications like a PhD.

• Court's Consideration of Expert Status: Whether or not an individual is considered an expert is determined by the court, which assesses their background, training, and relevant experience. This designation does not automatically transfer between courts, so each time a VR professional is called to testify, their status as an expert must be re-evaluated.

Key Points to Remember:

• VR professionals must maintain objectivity and base opinions on facts.

• Reports can either be opinion-based or ongoing reports within the rehabilitation process.

• Clear documentation and proper use of first-person language are critical in court reports.

• Opinions must be grounded in solid facts, and third-party information must be verified.

• Expert witness status is determined by the court based on an individual’s expertise, and this status must be confirmed each time they testify in a different court.

This knowledge is crucial for anyone preparing for the CVRP exam, as it highlights the ethical and legal considerations of vocational rehabilitation professionals working with the court system.