Psychologists, family counselors, clinical social workers, and other licensed mental health professionals often explain confidentiality to clients by assuring them that the information shared in sessions is both confidential and privileged. Privileged means that these professionals are not permitted to disclose information in court unless the client waves their right to privilege (Barsky, 2024). If you have watched the recent Netflix series, “Monsters: The Lyle and Erik Menendez Story,” you may be wondering why information shared by the Menendez brothers in psychotherapy was allowed as evidence in their criminal trial. After all, both Menendez brothers explicitly claimed privilege. This post explores why the court granted an exception to privilege, even though both the clients and their psychotherapist argued against it.

The Netflix series is based on a real-life criminal case in which the Menendez brothers were charged and convicted for the 1989 murder of their parents in Beverly Hills, California. Before and after the murder, Erik Menendez attended therapy sessions with psychologist Dr. Jerome Oziel. According to the judge in Menendez v. Superior Court (1992), Oziel recorded some of his notes from sessions with Erik on an audiocassette. He also recorded parts of actual sessions involving Erik and Lyle. Oziel informed his girlfriend, Judalon Smyth, about the tapes. Smyth later informed the police about the existence of the tapes. Police seized the tapes under a search warrant. A key issue raised in the criminal trial was whether the tapes could be........

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