In a number of occasions, psychologists are given as subpoena, a court order requiring them to a court session. In this case, I have been issued with a subpoena to attending court proceedings of one of my clients. I have been ordered by the court of law to bring all records and writings in my possession with respect to the client in question.
In this scenario, I have no option, but to oblige; the court of law is superior, and its orders must be followed. However, as a therapist, I have ethical codes of ethics that I must adhere to, especially those governing confidentiality. In psychological professional practice, some of the clients’ data are marked as private and confidential and cannot be shared with third parties (Pope & Vasquez, 2010, p. 277). In line with this, it will be paramount to consult my lawyer; the lawyer should accompany me to the trial. If the court demands access to confidential data, my lawyer will be vital in battling out; if it is will be a must to grant access to such data, it should only be done in camera.
In other words, not all those attending the court session should gain access to the data. Only the jury and plaintiff’s lawyer can be granted access. There is no difference whether the case is civil or criminal; the most important thing is to provide truthful data that will help the court to make the correct decision, but at the same time putting the client’s health as a priority.
In will be essential to inform the client about that move, but assure them that the information given will only guide the court in making the correct decision, and it is not incriminating them at all. In this scenario, my best interest is to give the truth of the matter in order to help the court to make the correct decision. With respect to my client, the foremost interest is to keep their information as confidential as possible, as well as avoid providing data that might compromise their health.
Reference
Pope, S. K., & Vasquez, J. T. (2010). Ethics in Psychotherapy and Counseling: A Practical Guide. New Jersey, NJ: John Wiley & Sons.
