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Contingency Fee Prohibition

Definition

The APA Specialty Guidelines Section 5 prohibition on forensic psychologists accepting fees contingent on the outcome of proceedings, because such arrangements create an incentive incompatible with the duty of impartiality.

Field
Forensic psychology ethics and licensing
Source
APA Specialty Guidelines, Section 5
Prohibits
Fees contingent on the outcome of proceedings
Rationale
Prevents incentive incompatible with impartiality

Common questions

Why would a contingent fee specifically undermine a forensic psychologist's impartiality?+

If payment depends on the outcome the retaining party wants, such as a favourable custody ruling or a successful defence, the expert has a direct financial stake in the case result, which creates pressure, conscious or not, to shade opinions and conclusions toward that outcome rather than toward what the data support.

Does the contingency fee prohibition apply to all forensic experts or only psychologists?+

The specific rule cited here is the APA Specialty Guidelines provision governing forensic psychologists, but the underlying principle, that expert compensation should not depend on case outcome, is a widely shared standard across forensic disciplines and professional ethics codes more broadly.

Related terms

APA Specialty Guidelines for Forensic Psychology (2013)
The eleven-section APA document setting professional and ethical standards for forensic psychological practice in the US, covering responsibilities, competence, diligence, relationships, fees,...
BPS Division of Forensic Psychology Practice Guidelines 2017
The UK professional standards document for Chartered Forensic Psychologists, structured around six competency domains: knowledge/skills/values, assessment, formulation, intervention, evaluation, and communication.
Cross-Cultural Competence
The requirement under APA and BPS DFP guidelines that forensic psychologists be aware of cultural and linguistic factors affecting assessment validity, and...
HCPC
Health and Care Professions Council; the UK statutory regulator that holds the protected title 'Forensic Psychologist' under the Health Professions Order 2001...
Mental Healthcare Act 2017
Indian legislation governing mental health services and the rights of persons with mental illness; Section 23 protects confidentiality of mental health information...
Pre-Assessment Notification
The APA Specialty Guidelines Section 6 requirement to inform the person being assessed, before evaluation begins, of the purpose, the requesting party,...
Rehabilitation Council of India
Indian statutory body regulating clinical psychology (and related professions); requires M.Phil. (Clinical Psychology) as the minimum registration qualification; no distinct forensic psychology...
Smith V. Jones (1999)
Canadian Supreme Court decision establishing that solicitor-client privilege and professional confidentiality can be overridden where there is a serious, clear, and imminent...
Tarasoff V. Regents of the University of California (1976)
California Supreme Court decision establishing a psychotherapist's duty to protect identifiable third parties from a patient's communicated serious threats of violence; adopted...
W V. Edgell (1990)
England and Wales Court of Appeal decision permitting a psychiatrist to disclose a confined patient's dangerous propensities to the Home Secretary where...

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