LMSW: Subpoenas, Court orders, and Privileg e

Privilege

protects information that is shared between the client and the therapist from being shared in legal proceedings

Subpoena

A formal written order

can come from a lawyer/ attorney or from the courts/ judge

can be for records or appear in court (testimony)

Court order

Legal command issued by a judge/ the courts

cannot assert privilege

Subpoena from the court/ judge for the written record

cannot assert privilege

legal responsibility to provide the information to the court

Subpoena from a lawyer for records

First/next/initial step- contact the client to determine their wishes on how to respond to the subpoena

Subpoena for testimony

cannot assert privilege

first/next/ initially- want to obtain legal counsel since you cannot refuse the request to appear in court