Subpoenaed as a Therapist: How to Stay Legal, Ethical, and Sane
Dr. Lisa Marie Bobby is a licensed psychologist, licensed marriage and family therapist, board-certified coach, AAMFT clinical supervisor, host of the Love, Happiness, and Success Podcast and founder of Growing Self.
Therapists, if you’ve just been subpoenaed, do not panic. No one is coming to cuff you and haul you away in front of your horrified clients. But I get it—when that official-looking letter lands on your desk, your stomach drops. You immediately start questioning everything: Do I have to testify? Am I violating client confidentiality? Will I end up on the evening news?
A subpoena to testify can feel VERY overwhelming. We can be subpoenaed in many situations from child and family investigations to criminal proceedings.That’s why I invited Rich Harris, a seasoned family law attorney and managing partner at Harris Law, to join me on the Love, Happiness, and Success for Therapists podcast. We tackled everything therapists need to know about subpoenas—how to handle them, when to push back, and how to protect yourself, your therapy practice, and your clients.
Let’s break it all down so you can handle your next subpoena like a pro (without needing to mainline chamomile tea).
Can a Therapist Refuse to Testify in Court?
“Do I have to testify as a therapist?” The short answer? Not necessarily.
One of the biggest misconceptions therapists have is that a subpoena is a legally binding demand to testify. In reality, not all subpoenas are valid. As Rich put it, some lawyers will shotgun subpoenas at every professional involved in a case just to see what sticks. It’s lazy, and in many cases, it’s not even legally proper.
Before you do anything else, take a deep breath and read the document.
Who sent it? Is it from a judge, or just an attorney fishing for info?
Who is involved? Look for your client’s name—if they’re in the case, they may not even know their lawyer subpoenaed you.
What exactly are they asking for? Are they demanding your notes, or just your presence in court?
Just because you’re subpoenaed to testify as a therapist doesn’t mean you automatically have to comply. You have rights too!
Therapy Client Privilege
If the subpoena for your therapy client’s information seems shady (or just wildly inappropriate), you have options.
Step 1: Call your client. They hold the legal privilege over their information, not you. If they don’t want their records shared, they may be able to shut it down immediately.
Step 2: If your client consents, get it in writing. A signed release is your best friend.
Step 3: If you don’t want to comply, you can file a motion to quash (which is fancy lawyer-speak for “make it go away”). This is where a good attorney (like Rich!) can help.
If nothing else, at least have a conversation with the lawyer who sent the subpoena. A simple, “Hey, what are you actually looking for?” might save you hours of stress and legal fees.
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Don’t Work for Free: Bill for Your Time
I cannot stress this enough: if you do have to testify, charge for it. Financial health as a therapist is crucial. Many therapists don’t realize they can bill for court-related time, but you absolutely should.
If you don’t already have it in your client contract, add a section stating your hourly court rate (and make it high enough that you’re not losing money by canceling sessions). Some therapists set their court appearance rate at $500+ per hour, which makes lawyers think twice before dragging them into a case unnecessarily.
And here’s a pro tip from Rich: Make sure you also include legal fees. If you need to consult an attorney to deal with a subpoena, that cost should not come out of your own pocket. Have a clause in your intake paperwork stating that any legal fees incurred due to subpoenas will be billed to the client.
Avoid the Biggest Therapist Mistake
Whatever you do, DO NOT ignore the subpoena.
I get it—avoidance is a powerful coping strategy. But if you toss that letter in a drawer and pretend it doesn’t exist, you could end up in serious trouble.
- You could be held in contempt of court.
- You could be fined (think thousands of dollars).
- In extreme cases, a judge could even issue a warrant. (Rare, but not impossible.)
Even if you have the right to refuse, you need to respond the right way—either by pushing back legally or showing up as required. If you’re unsure, consult an attorney before you make any moves.
Be Proactive!
Being a clinician in court is stressful, but a little proactive planning can save you a world of headaches. Here’s what you can do right now:
- Add a “No Court Testimony” clause to your intake paperwork. If you don’t testify, make it clear from day one.
- Set your court-related rates in advance. Know your worth and bill accordingly.
- If you get subpoenaed, don’t panic. Read it carefully, talk to your client, and consult a lawyer if needed.
Want to feel more confident and protected in your practice?
I’ve got you. Every week in my newsletter, I share real-world strategies, expert interviews, and practical tips to help you navigate the trickiest parts of being a therapist—including legal stuff like subpoenas, protecting client confidentiality, and staying in control of your role.
Plus, we dive deep into clinical best practices and business-savvy insights to help you thrive (not just survive) in this field. It’s like having a wise, supportive friend in your inbox who’s always looking out for you. Sign up here and let’s make sure you have everything you need to grow, learn, and safeguard your practice while giving your clients your absolute best.
And hey—let’s stay connected on LinkedIn too! I’m always sharing bite-sized wisdom, expert insights, and must-know updates for therapists over there. It’s a great space to stay in the loop, ask questions, and be part of a community of therapists who get it. Plus, you never know when that one post might save you from a professional headache down the road. Let’s connect —I’d love to see you in my network!
Xoxo
Dr. Lisa Marie Bobby
P.S. Know a therapist who could use this info? Share this article with them! Because no one should have to face a subpoena panic attack alone.
Resources:
Gross, B. H. (2001). What to do when you’re subpoenaed. Annals of the American Psychotherapy Association, 4(6), 13-15. https://go.gale.com/ps/i.do?id=GALE%7CA80747338&sid=googleScholar&v=2.1&it=r&linkaccess=abs&issn=15354075&p=AONE&sw=w
Ordway, A. M., & Casasnovas, A. F. (2019). A subpoena: The other exception to confidentiality. The Family Journal, 27(4), 352-358. https://journals.sagepub.com/doi/abs/10.1177/1066480719868701
Barsky, A. E. (2024). Clinicians in court. Guilford Publications. https://books.google.com/books?hl=en&lr=&id=r2TjEAAAQBAJ&oi=fnd&pg=PP1&ots=eXDUfckhJJ&sig=lypgCemE0eObBFg80iUM7u71XJA
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