Licensed Clinical Social Worker (LCSW) Therapist Development Center Practice Exam

In a case where a couple who went through therapy receives a subpoena for records, what is the therapist's responsibility?

1. A. Provide records only from the husband’s authorization

2. B. Communicate with the lawyer regarding the records

3. C. Seek consultation before responding to the subpoena

4. D. Obtain consent from both the husband and wife

The correct answer is: D. Obtain consent from both the husband and wife

In situations involving a couple who have undergone therapy together, the therapist has a responsibility to maintain confidentiality for both clients. When a subpoena for records is issued, the therapist should ensure that consent is obtained from both parties before any information is released. This is crucial because therapy sessions involve shared insights and disclosures, and both individuals have a right to privacy regarding their therapeutic relationships. Responding without consent from both could breach confidentiality and violate ethical standards. Obtaining mutual consent not only safeguards the therapist’s professional integrity but also protects the trust built within the therapeutic alliance. It demonstrates respect for both individuals' autonomy and preserves the confidentiality that is foundational to effective therapy. Seeking consultation can also be an important step, but it does not replace the necessity of obtaining consent from both parties.