Received a Subpoena for a Client's Records?

Don't send anything yet. I help Louisiana counselors, social workers, marriage and family therapists, and psychologists respond to subpoenas the right way, protecting their clients and their licenses.

Text me to talk

Text (504) 356-9678 and we'll set up a time to talk within one business day. The first conversation is free, and I don't ask for retainers. Subpoenas come with short deadlines, so reach out as soon as one arrives. Just send your name and a good time to reach you; please don't text the subpoena or any client details.

A subpoena looks official, and most therapists' first instinct is to comply quickly. I understand that instinct. You want to follow the rules. But responding to a subpoena the wrong way can get you in some legal hot water, and it can put your license at risk.

Here's what surprises most therapists: when I get calls from therapists who've received a subpoena, the majority of the time it is not one that actually covers the records being requested.

Louisiana's rules for mental health records

Louisiana has detailed laws on when and how a client's mental health records can be disclosed, and you have to follow them to the T. A subpoena signed by an attorney is not the same as a court order. Depending on the case, the law may require written notice to your client, specific paperwork accompanying the subpoena, or a court order issued after a hearing.

If those steps haven't been followed and you release records anyway, you can lose the legal protection the law gives providers who follow the proper procedure, and you may have disclosed confidential information you were never permitted to share.

Records that need extra protection

Some records carry protections beyond the usual rules:

Psychotherapy notes, which are treated differently from the rest of the clinical record
Substance use disorder treatment records, which are protected by federal law and generally require more than a subpoena to release
Records of minors, where questions about who can consent and who can access records come up constantly
Records in custody and family-court cases, where therapists are often caught between two parents and their attorneys

Subpoena, court order, or something else?

Not every request for records is the same. You might receive a subpoena for records, a subpoena to testify, a court order, a records request with a client authorization, or a request from law enforcement. Each one has different rules, and the right response depends on exactly what you have in hand.

What to do when a subpoena arrives

Don't ignore it. Subpoenas have deadlines, and ignoring one creates its own problems.
Don't send records yet. Not even part of the file, and not even if your client says it's fine.
Don't discuss your client with the attorney who sent it. Even confirming that someone is your client can be a disclosure.
Note the deadline and how the subpoena was delivered to you.
Reach out right away. The sooner I review it, the more options you have.

How I help

Reviewing the subpoena to determine whether it's valid and what, if anything, you're required to produce
Responding to the attorney who issued it, including objecting when the subpoena doesn't meet legal requirements
Narrowing what's produced to only what the law requires
Protecting psychotherapy notes and specially protected records
Preparing you if you're asked to testify or give a deposition

Why therapists work with me

I've practiced healthcare law for more than 17 years, and much of my work is with therapists: responding to subpoenas, updating practice documents, and defending them before their licensing boards. After many years as in-house counsel and as COO of a healthcare agency with more than 200 employees, I know how records requests are handled inside healthcare organizations, and where they go wrong.

My own background is in psychology, with a special interest in applied neuroscience, so I understand your world and share your goals: caring for your clients and protecting the practice you've built.

Your insurance may cover my review

Many professional liability policies for therapists cover the cost of having an attorney review and respond to a subpoena, so check your policy or call your carrier. I don't ask for retainers. I bill only for work I've completed, and you can set up a payment plan that fits your needs. My clients pay me directly, and I provide the documentation you need to seek reimbursement from your carrier.

Protect your client's privacy and your license.

If a subpoena just landed on your desk, reach out before you respond. Consultations are available by phone, video, or in person across Louisiana.