EMDR FORUM ARCHIVE, 2000
Re:EMDR and legal obligations
Sandra Paulsen Inobe, PhD · 11/28/02 at 1:41 PM ET
I know the discussion of which you speak and I deliberately didn't word it that we "aren't supposed to do EMDR with someone about to go to court" because it really isn't for us to decide how to prepare someone for court - those are matters for the client's attorney to decide. I do think it is wise to touch bases with the client's attorney so the attorney knows that it is possible that the memory will be more distant, and therefore the attorney may say to wait or may want to get a statement or deposition before the EMDR is conducted. That cautious step is not because EMDR invariably makes the memory hard to get at but because people sometimes say that. It is also true that one never knows when a client will end up as a witness, so the above statement is for clients for whom legal testimony is reasonably foreseeable. I am also wanting to be very clear here that I know of no evidence that EMDR treated memory is in the same category as hypnosis treated memory, from a legal standpoint. I have not reviewed the relevant case law however, and the question is a legal one and I'm not a lawyer.
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