You’ve Been Subpoenaed. Now What?

Why Subpoenas Can Feel So Threatening

Many therapists understand that producing records and being required to testify are part of professional practice - especially those who work in spaces where this is more common. All of us learn about confidentiality, informed consent, recordkeeping, and professional ethics. But, understanding these concepts intellectually doesn’t necessarily prepare us for the experience of being served with legal documents, such as a subpoena to produce records or to testify in court. 

The Impact of Legal Scrutiny

A subpoena can create a sense of lost control. It may introduce uncertainty about professional obligations, financial costs, legal consequences, and the therapeutic relationship. For some therapists, the experience is manageable. For others, particularly those with limited legal experience or inadequate professional support, it may become a significant occupational stressor. Even when a subpoena is a routine part of legal proceedings, therapists may experience anxiety, rumination, sleep disruption, or professional self-doubt. They may repeatedly review documentation or worry about being questioned in court. Some feel embarrassed about seeking help because they believe experienced therapists should already know how to navigate the process.

Potential Strategies

• Don’t navigate the process alone. Contact an attorney familiar with mental health law, your professional liability carrier, or an appropriate risk-management resource. Seek guidance promptly because legal deadlines may apply.

• Seek professional consultation. Clinical consultation can help you consider the therapeutic implications while legal counsel addresses legal requirements.

• Attend to your stress response. Grounding, movement, intentional breaks, and support from trusted people can help manage the anxiety associated with uncertainty and scrutiny.

A Call to Action for Leadership

Organizations should not wait until a clinician receives a subpoena to discuss legal preparedness. Leaders can provide training on documentation, confidentiality, privilege, testimony, and appropriate consultation. They can establish procedures for receiving and responding to legal requests and identify resources clinicians can access. Supervisors should also recognize the emotional impact of a subpoena. A therapist may need both practical guidance and reassurance that seeking assistance is appropriate. The call to action: Stop treating legal preparedness as an individual responsibility that we must figure out only after something goes wrong. Build systems that make consultation accessible, normalize questions, and support ethical decision-making. A subpoena may be part of professional practice, but navigating it without support should not have to be.

This article is part of our seven-part series exploring Adverse Psychological Events from The Resilient Therapist by Khara Croswaite Brindle and Ashley Charbonneau.

This article provides general educational information and is not legal advice. Clinicians should consult qualified legal counsel regarding their specific circumstances and jurisdiction.