Problem: As a student, how will you respond to this classmate, with in-text citation, references and questions?
This subpoena situation introduces an ethical dilemma. Even through legal requests, the counselor is obligated to protect client confidentiality and to not disclose all information if not necessary. The ACA Code of Ethics (2014) instructs that "if ethical responsibilities conflict with the law, regulations, and/or other governing legal authority, counselors make known their commitment to the ACA Code of Ethics and take steps to resolve the conflict" (I.1.c.). Knowing this, the counselor should ensure that client privacy is protected by all parties, including employees, subordinates, supervisors, students (ACA, 2014, B.3.a.), and in this case, a subpoena because of Sheila's desire to withhold records.
However, Sheila's unwillingness to release information can be respected by the counselor in "withholding all or some information" (Corey et al, 2024, p.241). Only information needed by the subpoena will be released instead of all notes and treatments from sessions that will not be applicable for the subpoena. In responding to the subpoena, I would communicate with Sheila that while I respect her confidentiality as a counselor, I still hold a legal responsibility to respond to the subpoena with specific information that is requested and nothing more. I would then document what information is released and who it was given to specifically. Need Assignment Help?