What should counselors do if they receive a subpoena for client records?

When counselors receive a subpoena for client records, the appropriate response is to consult legal counsel and determine the appropriate course of action. This approach is essential for several reasons.

Firstly, a subpoena is a legal document that requires the recipient to provide records or testimony in a legal proceeding. Ignoring a subpoena or taking unilateral actions, such as destroying records or providing them without hesitation, can lead to legal consequences and possibly compromise client confidentiality. Legal counsel can provide guidance on how to navigate the complexities of the law, including understanding the specifics of the subpoena and any applicable laws regarding client confidentiality and privileged communication.

Additionally, consulting with legal counsel helps ensure that counselors adhere to ethical standards and legal requirements in their practice. It allows counselors to protect their clients' rights while also complying with the law. Depending on the circumstances, legal counsel can help identify whether it may be possible to limit the scope of the records being provided or to seek a protective order if necessary.

In summary, consulting legal counsel is the best course of action when faced with a subpoena for client records, as it safeguards both the counselor's professional responsibilities and the client's legal rights.