WordPress database error: [Duplicate entry '22292' for key 1]
INSERT INTO wp_bas_visitors (visit_ip, referer, osystem, useragent, lasthere) VALUES (644300604, 1, 205, 1322, '2008-08-20 12:49:27');

WordPress database error: [You have an error in your SQL syntax; check the manual that corresponds to your MySQL server version for the right syntax to use near 'AND referer = referer_id AND osystem = os_id AND useragent = ua_]
SELECT * FROM wp_bas_visitors, wp_bas_refer, wp_bas_ua, wp_bas_os WHERE visit_id = AND referer = referer_id AND osystem = os_id AND useragent = ua_id

WordPress database error: [You have an error in your SQL syntax; check the manual that corresponds to your MySQL server version for the right syntax to use near ' '2008-08-20 12:49:27', 0, 17)' at line 1]
INSERT INTO wp_bas_log (visit, stamp, outbound, page) VALUES (, '2008-08-20 12:49:27', 0, 17);

Clinical Lawyer » Must Therapists Respond to Subpoenas?

Must Therapists Respond to Subpoenas?

March 13, 2007 on 7:31 pm | In Legal Basics |

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 under the impression that subpoenas issued by attorneys carry no authority. This is largely incorrect, and here is why: Attorneys licensed to practice law in a state are also considered to be officers of the court, and when they are engaged in litigation before a court they are empowered by the court to issue subpoenas relating to matters at issue. This means that properly drafted subpoenas have the force of law.

What makes things complicated for clinicians is that subpoenas sometimes ask for confidential information, and clinicians have an independent obligation to maintain the confidentiality of patient information. Other times subpoenas ask for information that the clinician feels is irrelevant. What is a clinician to do? Here is where having your own attorney comes in very handy. An attorney is best able to help you understand (1) your legal obligations, and (2) your options.

IMPORTANT: This website is for basic information only. Nothing in this website should be construed to be formal legal advice, nor does it create an attorney-client relationship. Please see the “Important Information” page at the top of the screen.

2 Comments »

RSS feed for comments on this post. TrackBack URI

  1. Your discussion about responding to subpoenas stopped just short of being helpful to me. Can you provide at least some “basic information” about my legal obligations and my options for responding to subpoenas that ask for “everything and the kitchen sink” without giving too much away (for free)?
    Thanks.
    KM

    Comment by Kate Mack PhD — May 28, 2007 #

  2. Great question. Also a tough one, too, because the answer to your question is almost entirely situation specific.

    It’s common for attorneys to ask for a ton of information in a subpoena. Like psychologists, they need as much information (data) as possible to approach a case. The nature of the discovery process also lends inself to broad requests: subpoenas are usually served during the pretrial phase of a case known as “discovery,” and it is in this phase of litigation that attorneys try to get as much relevant information as they possibly can. Not all of it is admitted at trial, but the discovery process is just that: a period of exploration where attorneys have some latitude to get information that could be helpful in formulating their cases.

    Here’s some basic information I hope you’ll find helpful:

    1.) You must respond to subpoenas.

    2.) However, you have some latitude about how to respond. If you believe the subpoena asks for information that is (a) irrelevant, (b) overbroad, or (c) asks you to divulge information that you suspect could violate another of your legal obligations, you really should consult with an attorney to help you to navigate the waters. You should discuss with an attorney whether/how you should comply, seek to have the subpoena quashed/modified, or attempt to negotiate with the issuing party.

    I would recommend that you consult with an attorney who has a good understanding of your existing legal and ethical oblications as a clinician.

    Comment by Clinical Lawyer — May 31, 2007 #

Leave a comment

XHTML: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <code> <em> <i> <strike> <strong>