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If a subpoena for the counseling records of a client is received, a counselor would:

A) Assert the client's right to confidentiality and consult with legal counsel
B) Immediately provide the records to comply with legal obligations
C) Discuss the situation with colleagues to seek advice
D) Inform the client and proceed based on their consent

User Zeke Lu
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Final answer:

When a counselor receives a subpoena for a client's records, they should assert the client's right to confidentiality and seek guidance from legal counsel to navigate the requirements of the subpoena responsibly and ethically.

Step-by-step explanation:

If a counselor receives a subpoena for the counseling records of a client, the appropriate course of action would be to: A) Assert the client's right to confidentiality and consult with legal counsel. By choosing this option, the counselor upholds the ethical obligation to protect client confidentiality and seeks guidance on how to navigate the legal demands while still acting in the best interest of the client. Consulting with legal counsel helps ensure that the counselor takes the appropriate steps in accordance with both the laws governing subpoenas and the ethical requirements of their profession. It is also important for a counselor to inform the client about the subpoena and obtain their consent before any disclosure unless prohibited or limited by law. These actions align with the rights of individuals to privacy and the principle of informed consent, as well as the professional duty to protect subjects from personal harm. While counselors have the legal obligation to respond to subpoenas, how they respond must consider client rights and ethical guidelines. Acknowledging the need for confidentiality, legal advice safeguards the interests of both the client and the counselor and ensures that any action taken complies with the law and professional ethics.

User Jon Lauridsen
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