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Search for the Truth: The Role of Hearsay in Mental Health Cases 2025

Product ID: CA3845W
Presented By: State Bar of Wisconsin PINNACLE

Through the grapevine

In mental health and protective placement proceedings under Wisconsin Chapters 51 and 55, evidentiary missteps can violate individual rights. Knowing how to challenge or defend testimony from mental health experts, social workers, and case managers is essential for attorneys handling these sensitive matters. Issues like hearsay, the scope of expert testimony, and due process protections are especially critical in these cases, but they also arise in many other areas of legal practice.

Search for the Truth: The Role of Hearsay in Mental Health Cases tackles the real-world questions attorneys face in Chapter 51 and 55 trials, including: 

  • How can experts avoid crossing into inadmissible evidence?
  • When can an expert rely on hearsay to form an opinion?
  • What is the proper scope of testimony for case managers and social workers?
  • What are the common pitfalls in admitting mental health records?
Read More ↓

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Pricing

Member $109.00

Non-Member $159.00

Credits

1 CLE

Date and Time

Tuesday, July 22, 202512:00 PM - 12:50 PM CT

Add to Calendar 7/22/2025 12:00:00 PM 7/22/2025 12:50:00 PM America/Chicago Search for the Truth: The Role of Hearsay in Mental Health Cases 2025

Through the grapevine

In mental health and protective placement proceedings under Wisconsin Chapters 51 and 55, evidentiary missteps can violate individual rights. Knowing how to challenge or defend testimony from mental health experts, social workers, and case managers is essential for attorneys handling these sensitive matters. Issues like hearsay, the scope of expert testimony, and due process protections are especially critical in these cases, but they also arise in many other areas of legal practice.

Search for the Truth: The Role of Hearsay in Mental Health Cases tackles the real-world questions attorneys face in Chapter 51 and 55 trials, including: 

  • How can experts avoid crossing into inadmissible evidence?
  • When can an expert rely on hearsay to form an opinion?
  • What is the proper scope of testimony for case managers and social workers?
  • What are the common pitfalls in admitting mental health records?
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Through the grapevine

In mental health and protective placement proceedings under Wisconsin Chapters 51 and 55, evidentiary missteps can violate individual rights. Knowing how to challenge or defend testimony from mental health experts, social workers, and case managers is essential for attorneys handling these sensitive matters. Issues like hearsay, the scope of expert testimony, and due process protections are especially critical in these cases, but they also arise in many other areas of legal practice.

Search for the Truth: The Role of Hearsay in Mental Health Cases tackles the real-world questions attorneys face in Chapter 51 and 55 trials, including: 

  • How can experts avoid crossing into inadmissible evidence?
  • When can an expert rely on hearsay to form an opinion?
  • What is the proper scope of testimony for case managers and social workers?
  • What are the common pitfalls in admitting mental health records?
Read More ↓

Lucas Swank joined the Madison appellate office of the Office of the Wisconsin State Public Defender (SPD) in March of 2023. Before that, he practiced in the Black River Falls trial office for nearly five years. At the trial level, Attorney Swank has litigated scores of 51/54/55 cases and numerous involuntary medication orders. He continues his focus on mental health practice in the appellate division. 

Attorney Swank received his B.A. from the University of Wisconsin and his J.D. from the University of Wisconsin Law School with an Honors Criminal Law Concentration Certificate. In 2022, Lucas edited a chapter in the Wisconsin Criminal Defense Manual published by State Bar of Wisconsin PINNACLE®. Attorney Swank has co-presented at the annual SPD conference and developed a training on the impact of cannabis legalization on roadside drug detection. 

  • Gain strategies for spotting and objecting to expert testimony that relies on inadmissible hearsay
  • Understand the bounds of expert opinion evidence in protective placement and mental health proceedings
  • Ensure expert testimony complies with the Confrontation Clause and due process requirements
  • Examine frequently cited hearsay examples and understand how they apply to mental health records and cases
  • Criminal law practitioners
  • Civil litigators
  • Family lawyers
  • Government lawyers
  • Appellate practitioners
  • Elder law and special needs lawyers
  • Guardians ad litem
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