Don’t Work for Free: Bill for Your Time
I cannot stress this enough: if you do have to testify, charge for it. Financial health as a therapist is crucial. Many therapists don’t realize they can bill for court-related time, but you absolutely should.
If you don’t already have it in your client contract, add a section stating your hourly court rate (and make it high enough that you’re not losing money by canceling sessions). Some therapists set their court appearance rate at $500+ per hour, which makes lawyers think twice before dragging them into a case unnecessarily.
And here’s a pro tip from Rich: Make sure you also include legal fees. If you need to consult an attorney to deal with a subpoena, that cost should not come out of your own pocket. Have a clause in your intake paperwork stating that any legal fees incurred due to subpoenas will be billed to the client.
Avoid the Biggest Therapist Mistake
Whatever you do, DO NOT ignore the subpoena.
I get it—avoidance is a powerful coping strategy. But if you toss that letter in a drawer and pretend it doesn’t exist, you could end up in serious trouble.
- You could be held in contempt of court.
- You could be fined (think thousands of dollars).
- In extreme cases, a judge could even issue a warrant. (Rare, but not impossible.)
Even if you have the right to refuse, you need to respond the right way—either by pushing back legally or showing up as required. If you’re unsure, consult an attorney before you make any moves.
Be Proactive!
Being a clinician in court is stressful, but a little proactive planning can save you a world of headaches. Here’s what you can do right now:
- Add a “No Court Testimony” clause to your intake paperwork. If you don’t testify, make it clear from day one.
- Set your court-related rates in advance. Know your worth and bill accordingly.
- If you get subpoenaed, don’t panic. Read it carefully, talk to your client, and consult a lawyer if needed.
Want to feel more confident and protected in your practice?
I’ve got you. Every week in my newsletter, I share real-world strategies, expert interviews, and practical tips to help you navigate the trickiest parts of being a therapist—including legal stuff like subpoenas, protecting client confidentiality, and staying in control of your role.
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And hey—let’s stay connected on LinkedIn too! I’m always sharing bite-sized wisdom, expert insights, and must-know updates for therapists over there. It’s a great space to stay in the loop, ask questions, and be part of a community of therapists who get it. Plus, you never know when that one post might save you from a professional headache down the road. Let’s connect —I’d love to see you in my network!
Xoxo
Dr. Lisa Marie Bobby
P.S. Know a therapist who could use this info? Share this article with them! Because no one should have to face a subpoena panic attack alone.
Resources:
Gross, B. H. (2001). What to do when you’re subpoenaed. Annals of the American Psychotherapy Association, 4(6), 13-15. https://go.gale.com/ps/i.do?id=GALE%7CA80747338&sid=googleScholar&v=2.1&it=r&linkaccess=abs&issn=15354075&p=AONE&sw=w
Ordway, A. M., & Casasnovas, A. F. (2019). A subpoena: The other exception to confidentiality. The Family Journal, 27(4), 352-358. https://journals.sagepub.com/doi/abs/10.1177/1066480719868701
Barsky, A. E. (2024). Clinicians in court. Guilford Publications. https://books.google.com/books?hl=en&lr=&id=r2TjEAAAQBAJ&oi=fnd&pg=PP1&ots=eXDUfckhJJ&sig=lypgCemE0eObBFg80iUM7u71XJA
