Forensic Behavioral Associates

James H. Andrews, MSW, BCD, Forensic Social Worker

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General Information

What is “Designation Without Permission” (DWP)?

DWP is the unethical practice of listing an expert as being retained for work on a legal case without in fact retaining or signing any agreement with the expert. This listing may be in formal court filings, the inclusion of the expert in a letter sent to opposing counsel or even verbally stating that the expert is working o the case when in fact no such agreement as been reached.

How does FBA respond to an act of DWP?

In the interest of maintaining professional relations with the legal community, FBA prefers to take a ”least restrictive” type of approach to resolving this type of situation. When an act of DWP is discovered, the attorney in question will be provided the opportunity to rectify the situation by making payment of FBA customary retainer fee as stipulated in the standard contract.

If the attorney in question refuses to rectify the situation, then FBA will avail itself of all other avenues of resolution including the following:

1. Notification of the Judge and opposing attorneys involved in the case that Forensic Behavioral Associates is not in fact working on the case.

2. Notification to the local & state Bar Associations of the situation

3. Filing a complaint with the state Grievance Commission about the situation

Ultimately, FBA reserves the right to file a lawsuit if necessary to effect a remedy of the situation.



Designation Without Permission

Listing Forensic Behavioral Associates or Mr. Andrews as a witness without permission or formal retainer.