Question

When uncertain about the privileged status of information requested for disclosure through a subpoena, a counselor should:

a. comply with the subpoena without question
b. seek legal advice and challenge the subpoena if necessary
c. ignore the subpoena and maintain confidentiality
d. immediately disclose all relevant information

Answer 1

Counselors should seek legal advice when uncertain about a subpoena's request for privileged information to ensure they respect clients' rights while also adhering to legal requirements.

Step-by-step explanation:

When uncertain about the privileged status of information requested for disclosure through a subpoena, a counselor should seek legal advice and challenge the subpoena if necessary. It is imperative to respect subjects' rights to privacy and dignity, protect them from personal harm, preserve confidentiality, and seek informed consent. The adversarial judicial system involves a process called disclosure, where each party must share evidence or relevant information with each other. Nonetheless, there are instances such as described in the Branzburg v. Hayes (1972) Supreme Court case, where a balance must be struck between these rights and legal obligations.