What should a counselor do if they receive a subpoena?

When a counselor receives a subpoena, seeking legal advice is critical. A subpoena is a formal order requiring an individual to provide testimony or produce evidence in a legal proceeding, and it can have significant implications for the confidentiality and trust established with clients. Legal counsel can offer guidance on how to navigate the subpoena while ensuring compliance with the law, protecting client confidentiality, and upholding ethical standards in practice.

Consulting with a supervisor and complying immediately may seem like viable options, but a supervisor may not have the legal expertise needed to address the specifics of the subpoena. Immediate compliance could risk disclosing sensitive client information without properly evaluating the legal obligations and rights involved. Therefore, obtaining legal advice first ensures the counselor understands their obligations and protects both their clients and themselves in this situation.