Last Updated: February 2026
Dr. Tolbert helps lawyers understand psychological materials and evidence and critique mental health experts, their work, and their testimony. The following services, while not exhaustive, give lawyers a sharper edge to cut through difficult psychology-related issues during case preparation, expert depositions, and at trial.
High-conflict custody cases challenge even the most experienced family law litigators. The psychological dynamics are complex, the expert testimony is technical, and the stakes for the children are enormous. When psychological issues drive the case, having a forensic psychology consultant on your team means the difference between presenting a scattered collection of facts and presenting a coherent, psychologically grounded narrative the court can follow.
Dr. Tolbert works as your behind-the-scenes case consultant and strategist, helping you build a case theory, develop messaging, and organize your presentation so that the psychological elements of the case are clear, persuasive, and woven consistently throughout every phase of litigation. The goal is to make complex psychological dynamics accessible to the judge and difficult for opposing counsel to dismiss.
Even experienced attorneys benefit from having a forensic psychologist at the table. Dr. Tolbert handles the psychology so you can focus on what you do best, litigating the case.
Important: Litigation consultation and expert witness testimony are separate, distinct engagements. Dr. Tolbert does not serve as both consultant and testifying expert on the same case, protecting attorney-client privilege and expert objectivity.
Critique an expert's custody evaluation or social study report, examining the methodology, the quality of the data upon which the expert's conclusions are based, and the reasoning supporting those conclusions and opinions.
Understand and challenge how experts use psychological testing and incorporate test results into their conclusions and opinions, identifying scoring errors, misinterpretation, and inappropriate instrument selection.
Analyze experts' use of professional literature and research to support their methodology, conclusions, and opinions, and survey applicable research to counter unsupported claims.
Review records of mental health professionals and agencies to examine the bases for experts' conclusions and opinions, or to identify standard of care concerns that undermine their credibility.
Draft questions and prepare for the deposition and court testimony of experts and other witnesses, with anticipated responses, follow-up strategies, and impeachment opportunities built in.
Sit alongside the attorney during depositions and trial proceedings, providing real-time psychological insight, identifying follow-up opportunities, and helping adjust strategy as testimony unfolds.
Prepare all witnesses, not just experts, for deposition and trial testimony. Help witnesses understand the process, manage anxiety, and present their accounts clearly and credibly under examination.
Develop psychological themes to guide trial strategy and organize case presentation in court, translating complex clinical concepts into compelling, judge-ready narratives.
Draft and prepare for Daubert or Frye challenges that a lawyer may bring or have to defend, using a practical, caselaw-based model to structure arguments and guide the court.
Survey professional literature and research applicable to psychological case issues and testing, critical for depositions, direct and cross-examinations of experts, and Daubert or Frye challenges.
Build a coherent case theory grounded in psychological evidence and develop consistent messaging that runs through every phase of litigation, from pleadings and depositions through trial presentation.
Help attorneys and their clients communicate more effectively during high-conflict litigation. Dr. Tolbert helps clients understand the legal process, manage expectations, and provide the information attorneys need, reducing miscommunication and keeping the case on track.
Support the attorney's client through the emotional and psychological demands of high-conflict litigation, helping them stay focused, organized, and effective as a participant in their own case without compromising the legal strategy.
Identify and vet qualified expert witnesses whose credentials, methodology, and testimony history will withstand scrutiny, and prepare them for effective deposition and trial performance.
Evaluate the reliability of Child Protective Services investigations, including review of case records and research-based analysis of videotaped interviews and case issues.
Identify and articulate covert manipulation tactics, alienation dynamics, and high-conflict personality patterns that evaluators, GALs, and courts frequently miss, with documented evidence to support the analysis.
Determine interest-based concerns of the parties to generate useful mediation or settlement options, or to resolve mediation or settlement impasses from a psychological perspective.
Consult with mental health professionals and their lawyers in cases before a mental health licensing board, drafting responses that draw on professional standards, relevant statutes, and applicable caselaw.
When retained as a testifying expert on a separate engagement, Dr. Tolbert provides rebuttal testimony challenging flawed evaluations, unsound methodology, and unsupported conclusions in court.
Begin with a confidential call to discuss the case, the psychological issues involved, and how Dr. Tolbert can assist. The engagement is established through a retainer agreement with the attorney, which protects all work product and communications under attorney-client privilege.
Qualified in FL, MD, NV, CA, AK | National & International Practice | Hague Convention Experience
Discuss your case with Dr. Tolbert to determine how her expertise can strengthen your litigation strategy.
Inquire About AvailabilityA litigation consultant works behind the scenes as part of the legal team, with all communications protected under attorney-client privilege. An expert witness provides testimony in court and their work product is discoverable. These are separate roles. Dr. Tolbert does not serve as both on the same case to maintain objectivity and protect privilege.
Dr. Tolbert examines the evaluator's methodology, the quality of the data upon which their conclusions are based, and the reasoning supporting those conclusions. This includes reviewing psychological test selection, administration, and interpretation; assessing collateral contact scope; identifying bias; and documenting where conclusions are not supported by the evaluator's own data.
Yes. Dr. Tolbert drafts and prepares for Daubert or Frye challenges using a practical, caselaw-based model to structure arguments and guide the court, whether the attorney is bringing the challenge or defending against one.
When Dr. Tolbert is retained as a litigation consultant through the attorney, all communications, work product, and strategic insights are protected under attorney-client privilege and are not discoverable by opposing counsel. The engagement agreement establishes the relationship as attorney-to-consultant.
Disclaimer: Dr. Tolbert is a licensed psychologist, not an attorney. She does not provide legal advice or legal representation. Litigation consulting services do not create a psychotherapist-patient relationship, and no psychotherapist-patient privilege applies. When retained through an attorney, communications are protected under attorney-client privilege and work product doctrine. Full Disclaimer