I often ask my customers I coach, when they are close to testing, what they hope is NOT on the exam, as that is usually a good indication of what areas the person needs to strengthen! A lot of people will answer "court related" issues, or more specifically, "subpoenas."
Come back next week for a practice question related to this topic!
A subpoena is a legal document that requires the recipient to testify at a designated place and time, to provide records, or both. The individuals who may issue a subpoena depend on the type of case (civil or criminal) but include a judge, a court clerk, and the attorney for the plaintiff or defendant. Your response to a subpoena would ordinarily involve the following steps (APA, 2006):
• The first step is to determine if the subpoena is legally valid. The subpoena might not be valid, for instance, because the court is outside your jurisdiction or the subpoena was improperly served. If you are unsure about the legality of the subpoena (or have any other questions about how to respond to it), the best strategy is to seek legal advice.
• If the subpoena is valid, a response is required (e.g., you must appear in court at the time requested). However, you should first contact the client to discuss the implications of providing the requested information and obtain the client’s consent to release confidential information if his/her consent is not attached to the subpoena. If the client does not consent, you or your attorney can attempt to negotiate with the party who issued the subpoena. If that party continues to demand that the information be provided, you may seek guidance from the court informally through a letter or have your attorney file a motion to quash or modify the subpoena. If the client does consent, you should release only information you believe is relevant to the case unless otherwise ordered by the court.
• When a request for confidential information arises for the first time during testimony at a deposition or in court, you should claim the psychotherapist-patient privilege on the client’s behalf and refuse to provide the information until ordered by the court to do so. Note that you should claim the privilege even if you recognize that, under the circumstances, an exception to privilege applies because it is up to the court (not you) to decide whether or not privilege is waived.
• When the court issues an order to provide testimony or produce documents and attempts to have the order modified or vacated have been unsuccessful, you must comply with the order to avoid being held in contempt of court. However, to be consistent with ethical guidelines, you should provide only information that is relevant to the case and present subpoenaed records in a sealed envelope marked “confidential.” It is illegal to destroy or tamper with records for the purpose of avoiding disclosure.