Welcome

This website is intended as a source for general information for mental health professionals in California. The information posted here is for clinicians throughout the state who are seeking some basic information about mental health practice. I will be posting original content, as well as links to other sites with relevant information. Feel free to leave a comment or email me directly at: alban@clinicallawyer.com.

Important News for California Psychological Assistants and their Supervisors


Please feel free to forward a link to this post to all relevant email lists and/or parties. I and a number of other attorneys who work with psychologists in California have noticed a significant trend.  We have become aware of a significant number of Board of…

Supervision vs. Consultation: what you need to know


The following article was authored by myself and A. Steven Frankel, Ph.D., J.D. It appeared in a slightly shorter format in the July/August 2007 issue of The California Psychologist, the newsletter of the California Psychological Association. In this article we will discuss an oft-overlooked topic: understanding…

Those Confidentiality Disclaimers At The End Of Your Email..


Huge numbers of clinicians have disclaimers at the end of email messages that say something like this: “The information contained in this email is CONFIDENTIAL. If you have received this message in error or without the express direction of the original author, please notify the sender…

Must Therapists Respond to Subpoenas?


In the course of legal proceedings, subpoenas are often issued as a means of gathering information. When they are received by clinicians, they are often accompanied by considerable anxiety about how to respond. Indeed, some clinicians wonder whether to respond at all. Many clinicians are…

Professional Wills


Most clinicians aspire to have a fairly good record-keeping system, as well as procedures for maintaining the confidentiality of those records. As a profession, therapists tend to be quite concerned about record-keeping. This concern is appropriate. Unlike some businesses, the information contained in clinicians’ practice…

Daily Deal / “Groupon” style activities for psychologists and other therapists?

I’d like to preface this comment by saying that I do not have an opinion about whether promotions such as Living Social, Groupon, etc., are appropriate or constitute impermissible fee splitting when used by psychologists.  I do, however, think that it’s useful to think about these things...

Fitness for Duty Evaluations: are your evaluees “patients?”

The following article was published in the January/February 2011 issue of The California Psychologist, the official publication of the California Psychological Association.  My co-author is A. Steven Frankel, Ph.D., J.D. Responding to Evaluee Requests for Fitness-for-Duty Evaluation Records When the...

Professional Wills for Psychiatrists

The following article was authored by A. Steven Frankel, Ph.D., J.D. and myself.  It was published in the Fall 2010 issue of The California Psychiatrist, a publication of the California Psychiatric Association: Professional Wills:  Protecting Patients, Family Members and Colleagues A.    Steven...

The Standard of Care and Why Psychologists Turn On Each Other

There were some discussions about my article on the standard of care and to respond to some questions I posted this followup explanation that provides my take on why psychologists so frequently turn on each other: By way of background, someone on an email discussion group posed a question/statement...

What is the Standard of Care?

What is the “Standard of Care,” and why should you want to know about it? by Adam Alban, Ph.D., J.D. What is “the standard of care?”  Do you know?  Odds are, even if you’ve never heard the term, you’ve found yourself wondering about it.  If you’ve ever asked yourself, “what...