Navigating the Legal Minefield:
Ethical Responses to Subpoenas, Court Testimony,
& Other Legal Irritants
Linda Ross, Esquire & Weare Zwemer, Ph.D.
In this interactive session, clinicians will leave knowing the legal requirements for and options in responding to a subpoena. Presenters will review and all will discuss the ethical and HIPAA-driven considerations and constraints in that response. The program will define and differentiate the roles a clinician may voluntarily or involuntarily play in a litigated case, including fact vs expert witness, with particular focus on what information a mental health professional can validly share from each role. Finally, the presenters will portray a clinician’s experience in the stand, from qualification as expert through providing effective vs unfortunate testimony.
I. Responding to Legally-Compelled Involvement in Court Cases
A. Considerations in responding
1. Legal leverage attorneys have
2. HIPAA Constraints on Mental Health Professionals
3. Ethical Obligations for Mental Health Professionals
B. Responding to Subpoenas Duces Tecum
1. What you can release to attorney and when to release it
2. What you can file with the court
C. Responding to Witness Subpoena
1. Determining the Role the attorney has
2. Defining your role
3. Informal and Formal responses to the subpoena
II. Understanding and Clarifying Your Role in the Court Case
A. Therapist
B. Examiner
C. Dealing with Confusing Court Orders
III. Testifying in Court
A. Establishing your role through “voir dire”
B. Testimony as a Fact Witness
C. Testimony as an Expert Witness
D. Staying in your lane
Workshop History:
Saturday, June 15, 2019—Charlottesville VA
The Center for Ethical Practice is approved by the American Psychological Association (APA) to sponsor continuing education for psychologists. The Center maintains responsibility for this program and its content.
The Center for Ethical Practice has been approved by National Board for Certified Counselors (NBCC) as an Approved Continuing Education Provider (ACEP No. 6768). The Center is solely responsible for all aspects of the programs. Programs that do not qualify for NBCC credit are clearly identified.
The Center for Ethical Practice (provider 1287), is approved as an ACE provider to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Regulatory boards are the final authority on courses accepted for continuing education credit. ACE provider approval period: 3/21/2021-3/21/2024.