A forensic psychology litigation consultant works behind the scenes alongside family law attorneys — analyzing psychological evidence, challenging opposing experts, and helping build a case strategy that is grounded in sound psychological science. This role is distinct from testifying as an expert witness, and the distinction matters in every engagement.
High-conflict custody litigation frequently turns on psychological questions that most attorneys are not trained to evaluate: Was this custody evaluation conducted properly? Are these test results being interpreted correctly? Is this a pattern of narcissistic abuse, parental alienation, or something else? What does the research actually say about the expert's methodology?
These are not legal questions — they are forensic psychology questions. Answering them well, and translating those answers into courtroom strategy, is the job of a forensic psychology litigation consultant.
Two distinct roles exist within forensic psychology and family law litigation: the litigation consultant and the expert witness. Understanding the difference — and why the roles must remain separate — is foundational to using a forensic psychologist effectively in any case.
A critical distinction: Litigation consultation and expert witness testimony are separate engagements. Dr. Tolbert does not serve as both consultant and testifying expert on the same case — protecting attorney-client privilege and maintaining expert objectivity.
The differences between these roles are structural, not just semantic. Each role carries a fundamentally different relationship to the attorney, the court, and the rules of discovery.
A litigation consultant is retained by — and works through — the attorney. The engagement is established by a retainer agreement between the consultant and the attorney's firm, making the consultant a member of the legal team.
An expert witness is retained to provide an independent opinion and to testify in court. The expert's role is to educate the factfinder, not to advocate — and the expert's opinions and work product are subject to different disclosure rules.
The structure of the litigation consulting relationship is what makes it strategically valuable — and legally protected.
The consultant is retained by the attorney's firm, not directly by the client. This establishes the consultant as part of the legal team and brings the engagement within the scope of attorney-client privilege and the work product doctrine.
Memoranda, critiques, analysis, strategic recommendations, draft questions, and all written communications between the consultant and the attorney are protected work product and are not subject to discovery by opposing counsel.
Because the consultant's analysis is privileged, the attorney and consultant can have candid, strategic conversations about weaknesses in the case, vulnerabilities in the client's position, and how to address problems — without fear that those communications will surface in discovery.
A note on psychotherapist-patient privilege: Litigation consulting does not create a psychotherapist-patient relationship. No psychotherapist-patient privilege applies to this engagement. The applicable privilege is attorney-client privilege, which attaches because the consultant is retained through the attorney's firm as part of the legal team.
Not every custody case requires a forensic psychology consultant. But many high-conflict cases involve psychological complexity that even experienced family law attorneys cannot navigate without specialized support.
The opposing party's evaluation contains methodological errors, unsupported conclusions, or biased reasoning — but the attorney does not know how to identify, articulate, or challenge them. A forensic psychology consultant can analyze the evaluation, document its flaws, and help build the cross-examination strategy needed to expose them in court.
When an evaluator's conclusions rest heavily on psychological test results — MMPI-3, PAI, MCMI-IV, Rorschach, or others — an attorney who cannot challenge the scoring, interpretation, or instrument selection is at a significant disadvantage. A consultant translates the technical issues into cross-examination questions the court can follow.
Cases involving narcissistic personality patterns, parental alienation, coercive control, or high-conflict custody disputes require a specialized understanding of psychological dynamics that courts and evaluators often fail to recognize or adequately document. A consultant helps the attorney identify and present these patterns coherently.
Deposing or cross-examining a psychologist, psychiatrist, or social worker requires understanding their methodology, the professional literature in their field, and the standards applicable to their discipline. A consultant prepares questions, anticipates responses, and identifies follow-up opportunities before the attorney sits down at the table.
Child Protective Services investigations introduce a separate body of research and professional standards — including how forensic interviews should be conducted, how reliability should be assessed, and how case conclusions should be documented. A consultant can evaluate whether the investigation met required standards.
High-conflict custody clients often struggle to communicate effectively with their attorneys, to manage the emotional demands of prolonged litigation, and to present themselves credibly. A consultant can bridge this gap — helping the client understand the process, manage expectations, and provide the attorney with what is actually needed to litigate the case.
A forensic psychology litigation consultant adds value at every phase of a case — from initial case analysis through trial presentation. The specific contributions depend on the case, but the core value is consistent: translating complex psychological issues into clear, strategically useful information the attorney can use.
Psychological concepts — personality disorders, attachment theory, forensic interview standards, psychometric validity — are technical. A forensic psychology consultant translates these concepts into language that is clear, accurate, and useful in a courtroom setting, helping the attorney understand what is happening and helping the court understand why it matters.
A compelling case theory integrates facts, evidence, and psychological dynamics into a coherent narrative. A forensic psychology consultant helps identify the psychological through-line of the case — the pattern of behavior, the documented dynamics, the research support — and builds that through-line into a theory that runs consistently from the first pleading to the closing argument.
In complex cases, the psychological narrative must be communicated consistently across every stage of litigation. A consultant helps develop messaging that frames the psychological issues in accessible, credible terms — terms that will resonate with judges and withstand scrutiny across depositions, direct examination, cross-examination, and argument.
How a case is organized and sequenced in court affects how the judge understands and weighs the evidence. A consultant helps organize the psychological elements of the case — identifying which issues to lead with, how to sequence witnesses, and how to present technical material in a way the court can follow and retain.
Custody evaluations, social studies, and expert reports frequently contain methodological errors, unsupported conclusions, and reasoning that does not hold up under scrutiny. A consultant identifies these problems, documents them, and helps the attorney develop the questions and arguments needed to expose them effectively during cross-examination and challenge motions.
During depositions and trial, psychological testimony can take unexpected turns. A consultant sitting second chair provides real-time analysis of what the expert is saying — identifying inconsistencies, follow-up opportunities, and errors as testimony unfolds — allowing the attorney to adapt on the spot rather than catching problems only in retrospect.
Dr. Kristin Tolbert is a licensed forensic psychologist with specialized training in the evaluation and analysis of complex custody disputes, high-conflict personality dynamics, and the psychological issues that frequently arise in contested family law litigation. Her practice is built around behind-the-scenes litigation consultation — working directly with family law attorneys to provide forensic psychology analysis, expert critique, and strategic support that remains protected under attorney-client privilege.
Dr. Tolbert brings both clinical depth and a practitioner's understanding of the courtroom to every engagement. Her work is grounded in the professional literature and research standards of forensic psychology — meaning she can speak to what the evidence actually supports, where the methodology of an opposing expert falls short, and how the court should understand the psychological issues presented.
She is licensed in Florida and has been qualified as an expert in Florida, Maryland, Nevada, California, and Alaska. She accepts litigation consulting engagements nationwide through attorney referral.
Dr. Tolbert accepts a limited number of litigation consulting engagements at any time. Initial consultations allow attorneys to present the case and determine whether the engagement is a productive fit.
Contact Dr. Tolbert directly at 561-429-2140 or DrTolbert@ChildCustodyConsulting.com
A litigation consultant works behind the scenes as a member of the legal team. All communications and work product are protected under attorney-client privilege and are not subject to discovery. An expert witness provides independent testimony in court and is subject to disclosure, deposition, and cross-examination. These are separate roles with different legal structures — Dr. Tolbert does not serve as both consultant and testifying expert on the same case.
No. Litigation consulting does not create a psychotherapist-patient relationship, and no psychotherapist-patient privilege applies. The engagement is between a forensic psychology consultant and the retaining attorney's firm. The applicable privilege is attorney-client privilege, which attaches because the consultant is retained as part of the legal team.
The engagement begins with an initial consultation between the attorney and Dr. Tolbert to discuss the case and determine whether the engagement is a productive fit. If both parties agree to proceed, a retainer agreement is executed between the attorney's firm and Dr. Tolbert. The retainer agreement establishes the scope of the engagement, the rate, and the terms — and it establishes the attorney-client privilege framework that protects the work product.
Yes. The restriction applies only within the same case. Dr. Tolbert cannot serve as litigation consultant and testifying expert witness on the same matter. On a different, unrelated case, she may be retained in either capacity through a separate engagement.
Cases that benefit most involve complex psychological issues: contested custody evaluations, psychological testing disputes, high-conflict personality dynamics (narcissistic abuse, parental alienation, coercive control), CPS investigation review, Daubert or Frye challenges to mental health experts, and cases where the attorney needs to cross-examine a forensic psychologist or other mental health professional. Cases involving a problematic evaluation or a mental health expert on the opposing side are strong candidates for consulting engagement.
No. Dr. Tolbert is a licensed psychologist, not an attorney. She does not provide legal advice or legal representation. Her consulting services are limited to forensic psychology analysis, evaluation critique, psychological testing analysis, expert strategy, and related forensic psychology consultation. All legal decisions remain with the attorney of record.
Disclaimer: Dr. Tolbert is a licensed psychologist, not an attorney. She does not provide legal advice or legal representation. Litigation consulting does 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