For many therapists, the idea of being subpoenaed to be a witness can feel unsettling, even intimidating. You devote your career to supporting clients in a safe, confidential environment. And suddenly, the legal system is asking you to step into a courtroom, answer questions under oath, and perhaps have your clinical judgment scrutinized by potentially hostile attorneys.
That was exactly the situation one Berxi-insured therapist found herself in: she received a subpoena related to a foster care case involving two young siblings. What followed serves as a powerful reminder of why having professional liability insurance — and access to defense counsel — can be so important for mental health providers.
At the time she received the subpoena, the therapist was treating six-year-old twins who were in foster care. Their biological mother was seeking increased visitation rights, and the court wanted the therapist’s professional opinion on whether changes to the children’s visitation schedule would be beneficial or harmful to them.
Based on her clinical experience with the siblings, the therapist had an opinion, but stating it on record raised significant concerns.
She asked her co-workers for insight, but no one had ever been subpoenaed to provide testimony. The unfamiliarity alone was stressful. On top of that, she worried about several very real risks:
The therapist was deeply committed to her ethical obligations, especially client confidentiality. Balancing those responsibilities against legal demands felt overwhelming.
And the clock was ticking. Within one day of the court date, our client contacted Berxi with a last-minute request: can you help with my subpoena testimony?
When the therapist reached out to Berxi, she was quickly connected to Natalya, a Berxi claims examiner. Recognizing how urgent the situation was, and knowing that a customer should have legal preparation and representation for a subpoena testimony, Natalya called one of her favorite attorneys local to the client and asked him to drop everything and help.
The attorney Natalya called began working right away. The first step: getting the hearing date moved so they would have more time to prepare.
That extra time mattered.
With the immediate pressure reduced, the attorney was able to focus on preparation: walking the therapist through what to expect, explaining what the subpoena did and did not require, and outlining how to protect both herself and her clients. He explained:
The importance of receiving advice, guidance, and hands-on support from an experienced attorney can’t be overstated, especially for someone who’s never been involved in a legal proceeding.
The attorney didn’t stop at preparation. He also proactively contacted the biological mother’s attorney to establish clear boundaries around the scope of questioning.
By doing so, he helped ensure that:
This behind-the-scenes advocacy played a critical role in protecting the therapist from being put in an adversarial or ethically compromising position once she took the stand.
When the time came to testify, the attorney Berxi hired attended the proceeding, and the therapist felt supported rather than exposed. She understood her rights and responsibilities, knew how to respond to difficult questions, and trusted that someone was there to protect her professional interests.
Most important, she was able to provide honest clinical insight, grounded in her experience with the children, without sacrificing her ethical standards or worrying that a misstep could haunt her down the road.
Technically, therapists are not legally required to have their own attorney when subpoenaed. But it’s often strongly advised, especially in sensitive, complex, or high-conflict cases.
Attorneys (for both sides) are trained to advocate for their clients’ interests, which may involve:
Without their own legal representation, therapists may feel pressured to comply with requests that conflict with their ethical obligations or exceed what the law actually requires.
Unlike many other professionals, therapists carry an added layer of responsibility: safeguarding deeply sensitive personal information.
When legal demands collide with that duty, things can get complicated fast, and recorded testimony can be later used against that therapist.
Therapists are bound by ethical codes that prioritize client confidentiality. Even when a lawyer issues a subpoena, that doesn’t automatically override those obligations.
Legal counsel can help determine:
Without guidance, it’s easy to either overdisclose (putting clients and your license at risk) or undercomply (risking contempt of court).
Cases involving custody disputes, foster care, or divorce are often emotionally charged and can become highly litigious. In these situations, mental health providers can become unintended targets.
One side may see the therapist as an obstacle. Another may try to pull them into taking a position that goes beyond their clinical role. Skilled legal representation helps the therapist prepare for and navigate the questions, and the lawyer can step in if one side crosses a line.
When clients are involved in legal matters, therapists may need to assert privilege on their behalf. This can be delicate terrain.
Defense counsel can advocate for:
In many cases, simply having an attorney involved can signal to the court and opposing counsel that boundaries will be respected.
What this Berxi-insured therapist experienced wasn’t just legal defense. It was peace of mind during one of the most stressful moments of her career.
She didn’t have to:
Instead, she had an advocate who understood both the law and the unique challenges faced by mental health providers.
Being subpoenaed to testify doesn’t mean you did anything wrong. Often, it simply means your professional insight is viewed as important.
Still, importance comes with risk.
Having professional liability insurance that includes access to defense counsel ensures that if you’re ever called into a legal setting, especially with little warning, you’re not left to figure it out alone.
For therapists, that support can make all the difference between fear and confidence, between vulnerability and protection — and between compromising your ethics and standing firmly behind them.
Get the support and protection you need with mental health liability insurance from Berxi. Get a quote today.
Image courtesy of iStock.com/SDI Productions
Image courtesy of iStock.com/SDI Productions
Image courtesy of iStock.com/Synthetic-Exposition
Last updated on Jun 10, 2026.
Originally published on Jun 09, 2026.
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