What is a therapist's initial response upon receiving a subpoena?

When a therapist receives a subpoena, the appropriate initial response is to assert privilege. This is rooted in the concept of client confidentiality and the importance of the therapist-client relationship. Privilege, in this context, protects the confidentiality of communications between the therapist and the client, acknowledging that such disclosures can be detrimental to the client’s therapeutic process.

A therapist must assess the validity of the subpoena and the relevance of the requested information to their therapeutic work. Instead of immediately complying, the therapist should consider the legal implications of releasing any information. By asserting privilege, the therapist can protect their client’s confidentiality and seek legal counsel if necessary, possibly moving forward with challenging the subpoena in court if deemed appropriate.

Ignoring the subpoena is not a legal option, as doing so could lead to legal penalties or contempt of court. Denying the request outright without considering the legal framework may also not be appropriate without a thorough understanding of what the subpoena entails. Providing records immediately without assessing privilege or consulting legal advice may compromise client confidentiality and could violate ethical standards. Thus, asserting privilege is the correct and ethical initial response.