Max Points: 5.0 Sheila came to your office about 8 months ago seeking counseling
ID: 3494726 • Letter: M
Question
Max Points: 5.0
Sheila came to your office about 8 months ago seeking counseling. She stated that she, "hoped to save her marriage." After a few sessions with Sheila, you suggested that couples counseling might be helpful, but her husband, Roy, refused to participate. Three months ago, Sheila and Roy went through a very nasty breakup of their marriage, and now you have been subpoenaed to produce all of your records pertaining to Sheila's treatment. Sheila has told you not to comply with the subpoena.
What should you do? Why?
Describe the specific steps you would take in responding to the subpoena.
Explanation / Answer
It depends on what the records were being subpoenaed for. If they were being subpoenaed for criminal charges I would be more willing to comply than if it was for the ex-husband to try gain something from the break-up. If it was for the latter, I would not subpoena my records without talking it over with my client because I still have a liability to my client andher confidentiality. The primary obligation of our clients other than to do no harm, is to protect their confidential information as well as educate them on confidentiality and where there arelimitations (Ethical, 2010, 4.01). As a counselor one of my responsibilities to my client at intakeand throughout their therapy is to explain to them confidentiality and when that confidentiality isbreached because of limitations that are set forth by the government (American, 2014, B.1.d). Hopefully, up to this point I have abided by the ethical standards and regulations that arelaid before me as a counselor by having thoroughly educated my client on confidentiality, andhave kept detailed records of our sessions (Corey, Corey, Corey, & Callanan, 2015). The stepsthat I would go through in order to make sure that I was handling the situation appropriatelywould be to read through the subpoena carefully to make sure I know exactly what they are asking of me. I would seek legal advice at this point and throughout the remainder of the case.