If a subpoena for counseling records is issued, what should a counselor working in a mental health agency do?

When a counselor receives a subpoena for counseling records, the most responsible course of action is to consult with a supervisor or legal counsel to obtain a legal opinion. This is important because subpoenas can involve complex legal implications regarding confidentiality and the ethical duty to protect client information.

A legal opinion will help the counselor understand the specifics of the subpoena, including whether compliance is legally required or whether there are grounds for resisting it based on confidentiality laws or ethical standards. This step ensures that the counselor acts in accordance with legal obligations while also considering the best interests of the client, which is critical in maintaining trust in the therapeutic relationship.

The other options may not uphold both legal and ethical standards effectively. For instance, complying immediately with a subpoena without guidance could lead to potential breaches of confidentiality or legal repercussions if the records are protected under certain laws. Contacting the client for permission may not be a viable option since the client may not have the right to refuse a legal subpoena, depending on the context. Ignoring the subpoena is not advisable as it could result in legal consequences for the counselor or the agency, such as fines or other legal action. Therefore, seeking a legal opinion is the most prudent and ethical action in this circumstance.