Case Study 5: Subpoena, Board Complaint, and Boundary Allegations
You are a licensed psychologist in Minneapolis. Former client Jordan, 38, terminated therapy eight months ago after 18 months of treatment for PTSD. During treatment you attended Jordan's wedding and accepted a $500 gift, which you did not document in the clinical record. Jordan now sues a former employer for emotional distress and has subpoenaed your complete file, including all notes and communications. Jordan left you a voicemail saying, Do not give them anything, I'll lose my case. Separately, Jordan's sister has filed a complaint with the Minnesota Board of Psychology alleging that you lent Jordan $2,000 and became like family. The Board investigator has asked for your written response and records. The subpoena is signed by a court clerk but not a judge.
1. How should you respond to the subpoena?
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Do not ignore the subpoena, and do not release the full file just because a clerk signed it. A subpoena duces tecum is not a court order; it demands production but does not by itself override privilege. Notify Jordan, assert psychotherapist-patient privilege under Minn. Stat. § 595.02, subd. 1(g), and ask for a signed authorization or a court order. If Jordan refuses, you or your attorney should move to quash or seek a protective order; the court decides. If ordered or authorized, release only relevant records, keep psychotherapy notes separate where applicable, and do not alter anything. Consult your own attorney and malpractice carrier. Document the subpoena, your response, and all client communications.
2. How do you handle the Board complaint and the boundary and gift issues?
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Cooperate with the Board truthfully. The Board can investigate complaints and request records; failure to respond can itself become a disciplinary issue. Separate the allegation from facts: if you did not lend $2,000, say so; if you accepted a $500 wedding gift and attended the wedding, acknowledge it. Those facts suggest a multiple relationship and boundary problems. Gifts and personal attendance can blur the therapeutic frame; a loan would be a serious exploitation risk. Do not retaliate against Jordan or the sister, do not alter records, and retain counsel. Document your response, provide requested records as legally required, and consider remedial steps such as ethics consultation or supervision. The Board may impose discipline if it finds exploitation, incompetence, or unprofessional conduct.