Assignment Prompt & Instructions
apa style
300 words
peer response
**files (1)**
– ## Topic4DQ1ResptoKatherineCutrightInstructions.docx
**## Topic4DQ1ResptoKatherineCutrightInstructions.docx**
Katherine Cutright
Good evening,
When confronted with a subpoena for Sheila’s counseling records, the counselor’s responsibility is to balance legal obligations with the ethical duty to protect client confidentiality. Although a subpoena is a legal document, it is not the same as a court order. Therefore, immediate release of records is not automatically required. The ACA Code of Ethics provides clear guidance in situations involving confidentiality and legal demands.
ACA Code B.1.c. Respect for Confidentiality states:
“Counselors protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification” (American Counseling Association [ACA], 2014, p. 7).
Additionally, ACA Code B.2.e. Court-Ordered Disclosure states:
“When ordered by a court to release confidential or privileged information without a client’s permission, counselors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible due to potential harm to the client or counseling relationship” (ACA, 2014, p. 8).
In this case, because Sheila explicitly instructed the counselor not to release records, the first step would be to consult with an attorney or malpractice insurance provider to determine whether the subpoena is enforceable or whether it must be accompanied by a judge’s order. The counselor should also notify Sheila in writing and document all communication. If necessary, the counselor may file a motion to quash or request that the court limit the scope of disclosure.
Corey et al. (2015) emphasize that counselors should make every effort to protect client confidentiality while complying with the law. If disclosure ultimately becomes legally mandated, the counselor should release only the minimum necessary information and document the rationale thoroughly.
In my view, protecting the integrity of the therapeutic relationship is essential. Confidentiality is foundational to clinical mental health counseling, and responding thoughtfully—rather than reactively—to a subpoena reflects both ethical competence and professional responsibility.
References
American Counseling Association. (2014). ACA code of ethics.
[https://www.counseling.org/resources/ethics](https://www.counseling.org/resources/ethics)
Corey, G., Corey, M. S., & Callanan, P. (2015). Issues and ethics in the helping professions (9th ed.). Cengage Learning.
Regards,
Katherine
**## Topic4DQ1ResptoKatherineCutrightInstructions.docx**
Katherine Cutright
Good evening,
When confronted with a subpoena for Sheila’s counseling records, the counselor’s responsibility is to balance legal obligations with the ethical duty to protect client confidentiality. Although a subpoena is a legal document, it is not the same as a court order. Therefore, immediate release of records is not automatically required. The ACA Code of Ethics provides clear guidance in situations involving confidentiality and legal demands.
ACA Code B.1.c. Respect for Confidentiality states:
“Counselors protect the confidential information of prospective and current clients. Counselors disclose information only with appropriate consent or with sound legal or ethical justification” (American Counseling Association [ACA], 2014, p. 7).
Additionally, ACA Code B.2.e. Court-Ordered Disclosure states:
“When ordered by a court to release confidential or privileged information without a client’s permission, counselors seek to obtain written, informed consent from the client or take steps to prohibit the disclosure or have it limited as narrowly as possible due to potential harm to the client or counseling relationship” (ACA, 2014, p. 8).
In this case, because Sheila explicitly instructed the counselor not to release records, the first step would be to consult with an attorney or malpractice insurance provider to determine whether the subpoena is enforceable or whether it must be accompanied by a judge’s order. The counselor should also notify Sheila in writing and document all communication. If necessary, the counselor may file a motion to quash or request that the court limit the scope of disclosure.
Corey et al. (2015) emphasize that counselors should make every effort to protect client confidentiality while complying with the law. If disclosure ultimately becomes legally mandated, the counselor should release only the minimum necessary information and document the rationale thoroughly.
In my view, protecting the integrity of the therapeutic relationship is essential. Confidentiality is foundational to clinical mental health counseling, and responding thoughtfully—rather than reactively—to a subpoena reflects both ethical competence and professional responsibility.
References
American Counseling Association. (2014). ACA code of ethics.
[https://www.counseling.org/resources/ethics](https://www.counseling.org/resources/ethics)
Corey, G., Corey, M. S., & Callanan, P. (2015). Issues and ethics in the helping professions (9th ed.). Cengage Learning.
Regards,
Katherine