The counselors first action in a situation like this would be to follow the 2014 Code of Ethics
while keeping the welfare of the client as a priority as well (American Counseling Assocation,
2014). If the counselor understands their end, they ethically from the start of sessions
confidentially should have been explained. Therefore, stating that in session breaking down
consent in the therapist agreement discussing that information will remain confidential unless the
client waives the right or a judge orders it (Stolsmark, 2015). Only information that needs to be
shared for the court will be shared. The information that is relevant to the case only, nothing
outside case needed information will be addressed. Counselors can address to the court that not
all notes will be relevant to the case, so it will be important to address this to the court to
maintain confidentially for the clients outside information (Stolsmark, 2015). Depending on the
type of subpoenas, the counselor will need to either have their presence in court or possibly just
their progress notes. Counselors need to make sure their records stay up to date, so in cases such
as this are organized and addressed properly (American Counseling Assocation, 2014).
References
American Counseling Association. (2014).
ACA code of ethics
.
https://www.counseling.org/resources/aca-code-of-ethics.pdf
Stolsmark, E., (2015). Responding to a subpoena. Ethics Inquires.
https://www.counseling.org/docs/default-source/ethics/ethics-
columns/ethics_october_2015_subpoena.pdf?sfvrsn=ea22522c_4
