What should a therapist do if a subpoena is issued?

When a therapist receives a subpoena, it is essential to contact the client before taking action. This is important for several reasons. First, it upholds the ethical obligation to maintain the client's confidentiality and trust. Clients have a right to be informed about legal actions that may affect their treatment and personal information. By notifying the client, the therapist can discuss the implications of the subpoena, gather the client's perspective, and collaboratively decide the best course of action, including how to respond legally.

Moreover, alerting the client allows them to seek their own legal advice if they wish, which can empower them in a potentially distressing situation. Transparency in these matters fosters a therapeutic alliance and demonstrates the therapist's commitment to the client's welfare.

In situations where a subpoena is issued, therapists often consult with legal counsel to understand their obligations, and informing the client is part of responsible and ethical practice. Handling the situation in this manner ensures that the therapist acts in both a legally compliant and ethically sound way.