When is client privilege typically not upheld in a legal setting?

Client privilege, commonly known as therapist-client confidentiality, is a legal concept that protects the communication between a therapist and their client from being disclosed in legal settings. However, there are specific circumstances under which this privilege may not be upheld.

One significant exception occurs when the client introduces their emotional condition as a matter of contention in legal proceedings. This situation arises in cases where the client’s mental health is essential to the legal issue at hand, such as during custody disputes or personal injury claims. By voluntarily placing their emotional condition into question, the client waives their right to confidentiality regarding that particular information. This principle is rooted in the idea that if a client seeks to use their mental state as a basis for claims or defenses in court, the opposing party has the right to examine relevant evidence, including therapeutic communications.

Other situations, such as when the client is a minor, when there is a belief that the client is in danger, or when a treatment agreement has been violated, typically involve different legal principles or protections. For instance, minors may have different protections and their guardians may have access to information; a therapist's duty to protect is activated when there is imminent danger to the client or others; and violations of a treatment agreement usually concern compliance rather than privilege.