THE PSYCHOLOGIST’S LEGAL OBLIGATIONS IN  RECORD COMPLIANCE AND UNDERSTANDING PROPER RISK MANAGEMENT

By Eric Marcy |   Jan. 19, 2018

          Due to the nature of the practice a Psychologist’s obligations relating to the maintenance of proper records is unique.  A professional license takes years to acquire and faulty or erroneous record keeping may place one’s career and livelihood in jeopardy.  So too, the mishandling of an investigation or an audit may place may also jeopardize a lifetime of pride and work.  The consequences for failing to maintain proper records and mishandling an investigation or audit can be severe and may implicate administrative, civil, and even criminal consequences.

Read More

Topics : Psychologists, Record keeping, Risk Management, Audits, HIPPA, Professional Licensing, Board of Psychological Examiners, Department of Banking and Insurance, Insurance Company Investigations, Patient Privacy | 0 Comments Read More

Recognizing Access to the Internet as a “Basic Need,” Rejecting Blanket Bans on Internet Use, and Raising Questions as to the Scope of Monitoring Personal Computers

By Eric Marcy |   Mar. 31, 2017

 

Read More

Topics : Criminal Defense, Parole, Criminal Law, Appellate Practice, Internet Monitoring, Computer Monitoring | 0 Comments Read More

The Parole "Merry-Go-Round" - The Prejudicial Procedural Delay in Parole Appeals

By Eric Marcy |   Jan. 27, 2017

 

Read More

Topics : Parole, Criminal Law, Appellate Practice | 0 Comments Read More

Be Aware of Evidence on Social Media Involving Anticipated or Pending Investigations or Litigation

By Eric Marcy |   Dec. 27, 2016

            Under the recent case of State v. Hannah, Docket No. A-5741-14T3, (N.J. App. Div. Decided December 20, 2016; approved for publication), the courts have confirmed how Twitter postings may be authenticated.   Social media postings may now be authenticated as any other “writing” under New Jersey Rule of Evidence 901.  Despite the ease in which digital media may be manipulated, the court rejected an argument for a higher standard for authentication.  The court confirmed that a combination of circumstantial factors related to the posting, such as context, prior communications, expressing specific knowledge of an event/issue, profile information, and photographs may establish sufficient authentication.  Social media has become a rich source of information for litigation and authentication is possible through direct proof, circumstantial evidence, contents/knowledge, reply and other miscellaneous methods of establishing reliability as any other form of writing.

Read More

Topics : Criminal Law, Evidence, Social Media, twitter evidence, evidence spoliation, Investigations, Authentication | 0 Comments Read More

    All Blog Posts

    Subscribe to Email Updates

    Featured Blogger

    Eric Marcy

    Eric Marcy

    Click Here to Read My Latest Blog Post

    Categories

    see all