ASSESSMENT

Upon receipt of a death notice, it is advisable to assess the need for mitigation services at the earliest possible opportunity. Typically, this service requires 40 to 60 hours to complete and it involves developing a specific showing of need for services that your client will require. Our process provides an affidavit in support of expert services and investigation as well as a detailed mitigation assessment including names, locations, and events supporting the probable expense for subsequent mitigation services.

Initial social history interviews

Document collection

Initial timeline and mitigation witness list

Identification of preliminary mitigation factors

Affidavit supporting specific need for expert services

SUBSTANTIATION

Informed by the assessment, primary and secondary witnesses must be located to substantiate the preliminary mitigation themes identified. This task varies according to the assessment. In addition, the document collection process requires careful follow up and maintenance. Adequate preparation for trial requires that mitigation factors, such as sexual abuse or trauma, be substantiated by individuals with training in these fields. Cases fluctuate between 100 and 300 hours to complete depending on the location of the witnesses.

Additional document collection

Primary and secondary witness interviews

Triangulation of mitigation factors

Consultation with other experts and the defense team

At the time of trial, either expert testimony or assistance with the support of lay witnesses before and during the trial is sometimes desired. I advise the use of lay testimony whenever possible, although it has been necessary in the past to provide testimony about the social history when elements of the story could not be presented adequately by lay testimony. Regardless, the attorney is benefited by the presence of the mitigation specialist during trial due to the difficulty in presenting issues surrounding complex family dynamics.