Therapist's Testifying in Court "The Balancing Act"

“I don’t want to do it!” she screams while crumpling the paper before disposing of it in the trash.  “I don’t even have a choice.” she says panting. Already hunched over, she grabs the paper and gently unfolds it, reading the top part. In big bold letters “Subpoena” the scariest word for any therapist.

A subpoena is a court order that demands a person to attend court to testify or produce documents. If the person fails to go to court to testify or fails to provide the required documents the person receiving the subpoena can go to jail. It’s not common knowledge but therapists absolutely despise testifying in court. Other than the fact that they are literally being forced to speak against their will and it makes them cancel their schedule, testifying in court creates ethical conflicts. When a therapist is called to testify in court, the therapist is usually asked to disclose information that was provided by a patient during a session. However, information during a session is completely confidential because of the therapist-patient privilege.

Therapist-patient privilege is a legally recognized right that shields the therapist from disclosing any confidential communication that occurred during the course of treatment. However, there are two major exceptions to the rule. The first is if the patient poses an immediate danger to themselves or others. The second is if the therapist suspects child, elder, or dependent adult abuse. These exceptions are generally explained by the therapist in the initial meeting with the patient. When those exceptions don’t apply and a therapist is summoned, they must do the balancing act of complying with the court order without disclosing any privileged information. As therapists, we will do everything that we can to protect your information at all costs.

EJ Umoh, Intern for Main Line Family Matters