Objective by Design: The Hidden Ethics Behind Forensic Payment
Why Forensic Psychologists do not Accept Payment from Evaluees
In clinical settings, patients pay directly for psychological services, either through out-of-pocket payments or via insurance coverage. These services are typically structured around ongoing relationships and a pay-per-visit model. Patients receive feedback about their diagnoses and maintain a therapeutic alliance with their provider. But forensic psychology operates differently—and for good reason.
One key distinction in forensic mental health practice is that forensic psychologists do not accept payment directly from the person being evaluated. Instead, payment comes from the referring attorney, agency, or court. This is not just a procedural formality—it is an ethical safeguard designed to preserve the objectivity and impartiality of the evaluation process.
Why This Matters: Avoiding Dual Roles and Blurred Lines
In a forensic context, the psychologist is not serving as a therapist or advocate for the evaluee. We are retained to offer an independent, objective, and scientifically grounded opinion based on a comprehensive assessment of the case. Accepting payment directly from the evaluee risks blurring the lines between treatment and evaluation, which can introduce the perception of bias-or worse, actual bias-into the process.
When payment comes from a third party such as a defense attorney, court, or government agency, it creates an essential buffer that reinforces the evaluator’s role as an independent expert consultant. We are not aligned with either party in the case. Rather, we are engaged to apply our specialized psychological expertise to answer legal questions objectively and ethically. Our responsibility is to the data, the methodology, and the integrity of the forensic process-not to the desires or expectations of any one side.
This consultant role is grounded in objectivity, methodological rigor, and a working knowledge of both psychological principles and relevant legal standards. By maintaining this role, the forensic psychologist safeguards the credibility of their findings and avoids even the appearance of bias. In other words, we are not “on the side” of the examinee, nor are we there to form a therapeutic relationship. Our duty is to provide a clear, evidence-based opinion that assists the court or retaining party in making legal determinations.
What the Evaluee Needs to Know
Part of our ethical responsibility is to ensure that the person being evaluated understands this distinction from the outset. During the informed consent process, we clearly explain:
Who is requesting the evaluation and who will receive the results
That the evaluation is not confidential in the traditional clinical sense
That the purpose is to assist in a legal matter, not to provide treatment
That the examinee may not be entitled to receive a copy of the report or results, depending on the legal context and jurisdiction
These conversations are documented and delivered transparently, typically via both verbal discussion and written informed consent. This step is vital to avoid misunderstandings and to protect the rights of the examinee while also preserving the legal and ethical standards of forensic practice.
The evaluee is owed a clear explanation of where their data will go, who is entitled to it, and under what circumstances their information may be disclosed-including the possibility that their evaluation results could be presented in open court, discussed during cross-examination, or entered into the public record. Setting these expectations early fosters transparency and ensures that the evaluee understands the forensic process is fundamentally different from a clinical encounter.
The Bottom Line
In forensic psychology, objectivity is not just a goal, it is a design feature built into every part of the process, including who pays. By ensuring that payment is arranged through attorneys, courts, or agencies-not directly from the evaluee-we maintain professional boundaries, prevent conflicts of interest, and protect the credibility of our work in the legal system.
This blog post is for informational and educational purposes only and does not constitute legal advice, clinical guidance, or the establishment of a professional relationship. Forensic psychological evaluations must be conducted in accordance with jurisdiction-specific laws, ethical guidelines, and professional standards. If you are seeking a forensic evaluation or legal consultation, please contact a qualified provider in your area.
