Andrew Agatston is an attorney in private practice in Marietta, Georgia. His civil practice includes the representation of crime victims in civil litigation, particularly children who have been physically and sexually abused. His weekly Legal Letters cover legal issues ranging from basic to advanced. Agatston represents four CACs in Georgia. He is a frequent speaker on matters related to CACs across the U.S., including at the National Children’s Advocacy Center.
- History of The Legal Letters
- The Dynamics of the Witness Veracity Attack: One Case Study
Understanding the expert rules of testifying and what an expert can say-and can’t say-in light of these veracity attacks.
- The Records Request Dilemma: To Give or Not to Give?
Discusses one of the most important legal procedures that a CAC must know about
- Give Circumstantial Evidence the Respect it Deserves!
Examines keys to reliable and credible circumstantial evidence
- Discussing some of the Dynamics that Occur in Child Custody Cases
A case study of the decision-maker, the judge in the custody case
- Question at Trial: What is the Purpose of Protocols?
Discusses importance and uses of protocols
- The “Victim-Witness” Professional: A Case Study in Getting Subpoenaed When You Don’t Expect It
A case involving a defendant’s argument on appeal that the victim-witness advocate testified improperly.
- The Trend of Attacking the Forensic Interview
Dealing with the suggestibility-of-children defense
- Forensic Interview Attacks, Part II
Emphasis upon reading and knowing the current literature
- For Witnesses, It’s the Fear of the Unknown
Brief examination of two cases to define the problem, and some suggestions for being prepared to testify in court
- A Top 5 List to Keep the CAC Machine Running Smoothly
Discusses a Top 5 list designed to keep a CAC running like a well-oiled machine
- A CAC’s Trusty “Eight Iron” to Respond to Records Requests
Back to basics using Pareja v. State
- Georgia Supreme Court: Forensic Interviews are “Testimonial”
This case changes procedures in child molestation cases in Georgia
- In Nebraska, An Important Hearsay Decision Affecting Forensic Interviews
This case is an excellent follow-up to the Georgia Supreme court cases presented in Legal Letter #12
- First in a Series: Jurors-The “Target Audience”
A worse case scenario involving juror misconduct causing a case to be retried and a young victim to again potentially face a traumatic trial process.
- Forensic Interviewers and Victim Credibility
How should I have answered that question?
- Hearsay Exception for Diagnosis of Treatment
A case involving the testimony of the sexual assault nurse examiner.
- The Issue of Legal Representation for CACs
What does a “legally sound, legally defensible” forensic interview mean? The answers vary–a lot.
- The “Target Audience” and the “SuperWitness”
The case of a lawyer not meeting the jurors’ needs.
- Addressing the Law’s “Intimidation” Factor
Examining mandating reporting issues in a post Penn State world
- “Refreshing Recollection” or “Demonstrative Evidence”
How refreshing recollection can be properly used
- SuperWitness and Calling in the Calvary
What to do when improper testimony has occurred
- The Legal Tug of War over Therapy/Medical Records
This exercise is designed to explore responses to records requests that are not your basic, straightforward matters that are easily addressed by your CAC.
- With a History like This, No Need for ‘Chips on Shoulders’
Learn the arguments that the other side is advancing. Then be confident both with your professionalism and with the CAC model.
- The Big 5-0: 50 Ways to Improve Your Testimony
50 tips on taking inventory, preparation, knowing the target audience, and presentation.
- “A Tale of Two Bolstering ‘The Alleged Victim’ Cases”
A case of improper expert testimony caused by a failure of proper pre-trial preparation.
- Legal Eagle’s Guide to Understanding the Public Policies of Statutes
Understanding the public policy of the mandated reporting statute.
- A Direct Crawford Attack on the Forsensic Interview
An important look at hearsay statements by an “unavailable ” witness.
- Advocating for Proper Child Depo Protections
This case illustrates an oft-discussed and very important consideration in law: the balancing of competing interests.
- Forensic Interviews and Crawford v. Washington
This case speaks to forensic interviewers, but the rules discussed are not limited to them.
- The Legal Support for Facility Dogs at Trial
This case provides a look into the variety of arguments used by defendants to try to keep facility dogs out of the courtroom.
- A Legal Analysis of Delayed Disclosure Evidence
Two cases in which the topic of delayed disclosure created “counterintuitive behavior”.
- Determining a Child’s Competency to Testify
This case example illustrates a prime opportunity to really prepare the victim for the trial process. The child’s competency may well be challenged.
- Forensic Interviewers as Expert Witnesses, Part I
A case in which the defendant’s claimed that the forensic interviewer should not have been allowed to testify about actions she took as a result of hearsay statements made by the 3-year-old child who would have been incompetent to testify.
- Forensic Interviewers as Expert Witnesses, Part II
Further discussion of the legal issues that arise regarding forensic interviewer testimony.
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The Substandard Lawyer Performance – And What You Can Do About It