How should counselors handle subpoenas or court orders for records?

• A. Consult with supervisor, protect client rights, disclose only legally required information, and notify the client when possible.
• B. Always disclose all records immediately.
• C. Refuse to disclose under any circumstances.
• D. Handle independently without supervisor.

Answer: (A)

When a subpoena or court order arrives, the counselor’s priority is to protect client confidentiality while meeting legal obligations. The right approach is to first consult with a supervisor or the agency’s legal counsel to verify the request, clarify exactly what records are being sought, and determine what information is legally required and what may be privileged or protected. Then disclose only what is mandated, and only the minimum necessary to comply, while trying to notify the client about the request whenever possible and allowed. If the scope is too broad or problematic, seek protective measures, negotiate a narrower scope, or challenge the subpoena in court. Throughout, document every step—the consultation, the client notification (if feasible), and exactly what is released. Do not handle the matter alone or disclose records without guidance, and avoid handing over the entire file unless specifically ordered.