Question

A client and therapist work together for 6 months, at which time the client leaves treatment with no explanation. Several weeks later, the therapist receives a subpoena from a local law firm stating that the client will be the defendant in an upcoming trial and requesting information. What should the therapist do NEXT?

A. Provide the information since the client-therapist relationship has ended
B. Waive privilege and comply with the request
C. Assert privilege and attempt to contact the client
D. Contact the law firm and inform them that you have not had contact with the client in several weeks

Answer 1

A therapist should assert privilege and contact the client in response to a subpoena, as there still exists an obligation to protect client confidentiality. Legal counsel should be sought to navigate these legal and ethical challenges appropriately.

Step-by-step explanation:

In the scenario where a therapist receives a subpoena requesting client information for a trial, the therapist should assert privilege and attempt to contact the client (Option C). The client-therapist relationship is governed by confidentiality standards, often protected under law by the concept of privileged communication. Even though the therapeutic relationship has ended, the therapist typically cannot share information without the explicit consent of the former client unless mandated by a court after due process. When a subpoena is received, therapists must balance their legal obligations with ethical considerations regarding client confidentiality. They should seek legal counsel to navigate the complexities of the situation and ensure that they comply with both legal requirements and ethical standards.