Question

A couple attended therapy for two years and after achieving their goals they terminated services. The couple has an amicable relationship and is co-parenting their children, but determined it would be best to divorce. The therapist receives a subpoena from the husband's lawyer to release records as part of the divorce proceedings. The husband also faxes the therapist a written authorization to release records. The therapist attempts to contact the wife, but is unable to reach her. Which of the following actions should the therapist take to manage the legal issues involved in this case?

A. Release the records since therapist attempted to contact wife and the couple has an amicable relationship.

B. Call the husband's lawyer and inform the lawyer that the therapist has not been able to successfully reach the wife

C. Call the therapist's professional liability insurance company's legal team for purpose of consultation

D. Invoke the wife's privilege until therapist receives release from wife or a court order

Answer 1

The therapist should invoke the wife's privilege until receiving consent or a court order. They should also consult with their professional liability insurance company's legal team for guidance.

Step-by-step explanation:

The therapist should take action D: invoke the wife's privilege until the therapist receives a release from the wife or a court order. The therapist has an ethical obligation to protect client confidentiality, and unless the wife provides consent or a court order is issued, the therapist should not release the records. While the couple may have an amicable relationship, it is important to prioritize client confidentiality and legal requirements.

Additionally, the therapist should take action C: call the therapist's professional liability insurance company's legal team for the purpose of consultation. This will help the therapist navigate the legal issues involved in the case and ensure that they are acting in accordance with professional standards and legal obligations.

Calling the husband's lawyer, as mentioned in option B, is not advisable without first obtaining consent or a court order from the wife, as it could potentially violate client confidentiality and legal requirements.