The Board Complaint, the Subpoena, and the Urge to Post
An LCSW receives a certified letter from the New Mexico Board of Social Work Examiners: a former client has complained that she terminated abruptly, told the client's employer he was 'dangerous,' and billed for two sessions that never happened. The letter asks for a written response in 20 days and for copies of the client's records. The therapist believes the complaint is retaliation for a custody report she wrote. She is angry and wants to post about it in a professional Facebook group, and she wants to call the former client to 'clear things up.' The same week, she is subpoenaed for the records in the client's custody case. Her malpractice carrier says to sit tight.
1. How should the therapist respond to the Board letter?
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Respond in writing within the deadline, factually and chronologically, and attach the records the Board requested. Do not alter, destroy, or 'clean up' anything; preserve the entire file. Notify the malpractice carrier and get counsel involved early. The Board can discipline for noncooperation independently of the underlying allegations.
The therapist should address each allegation directly: the termination and any pre-termination steps, the employer contact and its legal basis (or lack of one), and the billing records. If she made a mistake, saying so is stronger than a defensive narrative. 'Sit tight' from the carrier means do not act unilaterally - not do not respond.
2. Should she call the former client or post in the Facebook group?
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No to both. Calling the former client to 'clear things up' can look like intimidation or witness tampering, and it may create a new ethics problem. Any communication should go through counsel.
Posting in a professional group is also risky. Even a de-identified account can identify the client in a small community, and it signals poor judgment to the Board. The therapist's anger is understandable, but the forum for it is a confidential consultation with a lawyer or a trusted colleague, not a public or semi-public group.
3. How should she handle the subpoena? Is it the same as the Board request?
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No. The Board request and the custody subpoena are separate obligations. The subpoena is from a civil case; the client holds the privilege, so the therapist should notify the client or his attorney, seek a signed authorization or a court order, and not produce records solely because a subpoena arrived.
The Board, by contrast, has its own statutory authority to request records in an investigation, and the therapist should comply with that request as scoped. If the two demands overlap, produce what each properly requires under the applicable authorization and document what was produced to whom. When in doubt, ask counsel before releasing.