Consider a situation in which you receive a subpoena to testify in a criminal court case. The defendant is accused of sexually assaulting one of your clients. When you inform your client that you received the subpoena, the client says she does not want you to testify.

You discuss the possibility of moving to quash the subpoena on the grounds that you are a licensed mental health professional (MHP). You note that communications between licensed MHPs and clients during therapy are generally privileged (i.e., that MHPs cannot be compelled to testify about confidential client information without the client’s consent). You further suggest that the client seek legal advice to help them understand their rights and the possibility of filing a motion to quash the subpoena. The client says she does not know how to file such a motion and she cannot afford to hire an attorney to provide her with legal advice. One question raised by this situation is whose responsibility is it to file a motion to quash a subpoena, the client or the MHP?

It is important to recognize that privilege is owned by the client, not the MHP. This means that clients have a right to determine whether to assert or waive their right to privilege in a particular court case (Barsky, 2024). From the MHP’s standpoint, guiding the clients toward legal counsel ensures that they can make informed decisions about how to respond to the subpoena. By not filing a motion to quash on a client’s behalf, the MHP may........

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