Subpoenas Court Orders and Privilege

privilege

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

assert privilege

The client is the one who holds the privilege. If a lawyer subpoenas the client’s record, the therapist can ______ on behalf of the client if that is what the client wants the therapist to do.

cannot assert privilege

If you receive a court order (order from the judge or subpoena from the courts or subpoena from a judge) you ______.

subpoena

a formal written order and it can come from a lawyer/attorney or from the courts/a judge. Can be for written documents (client record) or to appear in court (give testimony)

court order

legal command issued by a judge/the courts. cannot assert privilege here

advocate for a limited release/no release

if you think the release of information could be damaging to the client, you can __________ of the record but if they deny then you MUST provide them with all they have asked

to contact the client to find out their wishes

subpoena from a lawyer for records; first attempt ____or consult with agency legal counsel

consult with legal counsel or show up in court

subpoena for testimony - cannot assert privilege. 1. ____ or 2. _____