Law and Ethics Practice Exam

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Study for the Law and Ethics Exam. Master legal concepts with flashcards and multiple choice questions, each with insights and explanations. Boost your exam readiness!

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When a therapist receives a subpoena from a client’s opposing lawyer, what is the legal response?

Asserting privilege.
Consulting with a lawyer regarding the subpoena.
Turning over the client's record and whatever else is required within the subpoena.
Maintaining confidentiality.

The correct answer is: Asserting privilege.

The correct response to receiving a subpoena from a client’s opposing lawyer is to consult with a lawyer regarding the subpoena. This is crucial because subpoenas can impose legal obligations that may conflict with the therapist's duty to maintain client confidentiality and privilege. Consulting with a lawyer helps clarify the statutory protections available, including whether the information sought falls under attorney-client privilege or if there are exceptions that apply. Therapists must be cognizant of the laws governing confidentiality and the ethical standards of their profession, which may require them to resist disclosing client information without appropriate legal guidance. While asserting privilege may feel like a direct course of action, it is more complex and nuanced in practice, as privilege can vary based on jurisdiction and specific circumstances surrounding the case. Therefore, seeking legal counsel is the prudent and advisable approach to handle such matters appropriately. On the other hand, turning over records or maintaining confidentiality without legal guidance could lead to potential legal repercussions or ethical violations.