Subpoenas & court involvement

A subpoena lands on your desk and your stomach drops. Take a breath: a subpoena is a legal request, not automatic permission to hand over your client's secrets. Knowing the difference is the whole test.

A subpoena is not a green light. It legally requires you to respond, but responding does not mean automatically disclosing confidential information. A subpoena from an attorney is not the same as a court order signed by a judge. Your default posture: respond, but do not disclose without the client's authorization or a valid court order.

First steps. Notify and consult your client (whose confidentiality is at stake), seek legal counsel/consultation, and — crucially — do not ignore it. You typically acknowledge the subpoena while asserting confidentiality/privilege on the client's behalf.

Assert privilege. If the client has not authorized release, you generally claim privilege and let the court decide. You may file (through counsel) to quash or limit the subpoena, or ask for a protective order. Only a court order — a judge overriding privilege — or the client's valid release compels actual disclosure.

Testimony vs. records. These are separate demands. A subpoena duces tecum seeks records/documents; a testimonial subpoena seeks your live testimony. Distinguish a fact witness (you testify to what you observed/did) from an expert witness (you offer professional opinion, usually retained). When producing records, follow minimum-necessary principles.

Protective steps. Document everything, disclose only what is compelled, redact where appropriate, and never destroy or alter records once litigation is anticipated.

Clinical Pearl: A subpoena requires a response, not automatic disclosure — assert privilege and consult; only a judge's court order or the client's valid authorization actually compels you to release confidential records or testimony.