Can Psychology Help Lawyer Wellbeing and Resilience?

We speak with Professor Hugh Koch, who touches on how he assists in legal cases, as well as how he understands law firms better than usual experts and how wellbeing and resilience assist hardworking lawyers.

You are instructed on psychological and orthopaedic personal injury assessments; can you share how the process of devising a report for each case differs?

Each report is unique and specific to the individual claimant and their circumstances and covers the key medico-legal questions required by the instructing party, namely, diagnosis, causation, attribution and prognosis. In addition, we are experts at understanding and clarifying the reliability of the evidence provided.

From this, can you share ways in which the legal team you are working aside can assist, in order for you to carry out your role in the case as best as possible?

Key to the reliability of each case is access to GP medical records in the form of the computerized attendance notes, preferably at or before the assessment takes place. Secondly, a pre-interview questionnaire is sent out with the appointment letter to each claimant. This is helpful to both the claimant and the expert and should be brought, completed, to the interview, saving interview time and stress for the claimant.

How do you tackle challenging cases you are presented with?

‘Challenging cases’ can mean difficult behaviour at interview, conflicting or unreliable self-report by the claimant, copious additional information, or disagreement over the recall of the interview. We handle these issues sensitively. We understand interviews and reading medico-legal reports can be stressful for the claimant.

What are contemporary types of personal injury cases that you have been instructed on in recent years?

We have seen a steady flow of instructions as part of clinical negligence litigation. Although we do not carry out clinical negligence reports per se i.e. giving an opinion on possible negligence, we do provide comprehensive reports on the personal injury implications of a clinical negligence case. For example, the psychological effects of a cosmetic operation which goes wrong.

In the past 12 months, we have developed considerable expertise in cases involving data breaches providing robust opinions on the social and psychological effects of inappropriate or malicious use of personal data. It is not surprising that some cases of data breach result in considerable psychological injury.

Can you share ways in which you have seen the medicolegal sphere change in the years you have been practising as an expert?

The key change, of course, was the implementation of the Civil Procedure Rules in 1999. This reinforced the importance of impartiality and fairness. It also highlighted the importance of the Joint Statement process. Both these initiatives have enhanced the reliability and validity of the expert(s) opinions and ultimately justice in civil claims.

From your viewpoint, what changes would you advocate for in the medical legal sphere?

Enhancing the culture of positive interaction between experts, the instructing parties and the court to ensure accessibility, timeliness, efficient and concise reporting, logical response to Part 35 questioning, and Court Directions for Joint Statements will all help the rapid and appropriate resolution of civil claims.

Why have Hugh Koch Associates grown so successfully?

Hugh Koch Associates interact with instructing parties in a proactive and positive way. We have steadily grown in size, both numerically and geographically since the firm’s inception in 1991. This gradual success has been based on, firstly, the quality of our reports and their comprehensiveness and robustness. Secondly, we understand the practical implications of the ‘Customer-Supplier’ chain aspect of “getting things right the first time”. The key managers, the experts and I, all understand the complexity of civil litigation and the need for accessibility and clarity of opinions.

Does Hugh Koch Associates understand how law firms operate?

Following on the ‘customer-supplier’ discussion above, I am a regular contributor to law magazines and journals on Law Firm and Insurer Firm quality issues. My recent articles on “Putting a spring in your legal step” and “Transforming your firm into a ‘resilient’ one”, have illustrated this expertise. In addition to our considerable medico-legal experience, my team and I understand how successful firms are organised and operate.

Can Psychology help lawyer wellbeing and resilience?

In 2017, I was appointed to a prestigious post at Birmingham City University of Visiting Professor in Law and Psychology, mandated to develop collaborative links between these two professions. A unique position which is already bearing fruit in terms of teaching the next wave of potential lawyers, barristers and judges about how psychological processes affect legal behaviour.

In particular, I am developing teaching, training and publications in areas of Lawyer Wellbeing and Resilience, Evidential Uncertainty management and Impartiality skills. My considerable experience of personal and professional resilience building is providing an invaluable contribution to the legal students and academic population.

Should law firms and insurance firms understand the concept of organisational resilience?

Law firms and insurance firms, like all other businesses, need to understand their own processes in order to be successful. This starts with the culture or ‘atmosphere’ in the firm at all levels, but especially at the leadership/managerial level – a positive and valuing culture which is evident from senior staff is a crucial component of a quality culture. Staff need to feel recognised and empowered in order to produce highly efficient work day-in and day-out.

Secondly, referring back to the aforementioned, a clear understanding of how customer-supplier chains operate is crucial. This helps to clarify and understand the inevitable conflicts which occur within and between companies in the legal sector.

Thirdly, each company will have a large number of processes which, even if they ‘seem’ to run well, need ‘continuous quality improvement’ to develop and also keep pace with changes in the claims market.

Professor Hugh Koch, a chartered clinical psychologist, and expert witness of longstanding, is a visiting Professor in Law and Psychology at Birmingham City University.

He has published widely (see www.cv.hughkoch.com).

Details on ‘Finding an expert’ easily can be found on the website www.hughkochassociates.co.uk.

Hugh Koch Associates, managed by Professor Hugh Koch, is a long-established (1991) medico-legal reporting firm based in Cheltenham. It provides psychological assessment services in 105 towns and cities throughout England, Wales and Scotland. Orthopaedic assessment services are available in Cheltenham and surrounding areas. We are very accessible and timely in our services, typically offering an appointment within 4-6 weeks, reporting back two weeks after seeing a claimant.