Attention clients seeking assistance from therapist for legal actions!
Clients are strongly discouraged from having therapist subpoenaed or having to provide records for the purpose of litigation. Even though you are responsible for the testimony fee, it does not mean that my testimony will be presented in your favor. As a therapist, I can only testify to the facts of the case and, if qualified to do so by the court, my professional opinion.
Asking a therapist to provide confidential records or testify can damage the trust built in a counseling relationship with a client—especially if I am still seeing that client in therapy. If I am subpoenaed to testify or provide records in a case where my client is a child, the therapeutic relationship is effectively ended, and it is very likely I will not continue to provide services to that child/family.
Please note: If I receive a subpoena or notice to meet attorney(s) without a minimum of 72 hours notice, there will be an additional $250.00 priority charge.
If I, Abigail Hanson, LCSW, am to receive a subpoena, then the attorney or office staff will need to call my office and set up a time for the subpoena to be served during office hours. I will request a minimum of 72 business hours' notice of any court appearances so that schedule changes for my clients can be made within a reasonable time frame.
If you or the client (if the client is a minor or a ward of a guardian) become involved in legal proceedings that require your therapist’s participation, you will be expected to pay for all of their professional time, even if they are called to testify by another party.
Please remember that I am not a forensic clinician and therefore am unable to provide any recommendations to the court for custody or visitation reasons. I cannot be deemed as an expert witness or testify on behalf of you or your child. A clinician may only testify about information pertaining to dates of treatment, symptomatology, plan of care, and functioning. It is outside the scope of practice for me to provide anything further. Please make sure that you make this clear to your attorney of record. If they still insist that they want your therapist to testify, please be aware of the following:
Your therapist will ask that a retainer be paid of the expected fees at least one or more weeks prior to providing these services or, at the minimum, 24 hours in advance of the time they are to appear.
Due to the time-consuming and often difficult nature of legal involvement, your therapist charges $300.00 per hour for these services with a minimum of three (3) hours charged.
Your therapist’s professional time for legal proceedings may include preparation (document review or letter preparation); phone consultation with other professionals or you; record copying fees; and travel time to and from proceedings, testifying, and time that they wait in court prior to or after they may be called to testify.
If the time exceeds the three hours, you will be responsible for paying the fees incurred according to the corresponding time your therapist is engaged on your behalf. You will also be responsible for any legal fees that they may incur in connection with the legal proceeding, which may include responding to subpoenas. If we reserve time for testimony and you let us know more than a week in advance that we are no longer needed, all amounts will be refunded less the cost of time that could not be rescheduled. In the case of children, regardless of who subpoenas our therapist, the parent who initially brought the child in for counseling and is listed as the responsible party will be responsible for the payment of all fees.
Standard Rate: $200 per hour for treatment summaries, progress notes, and letters
Preparation Time (including submission of records): $300 per hour, minimum three hours charge
Copy of files: $25.00 per file
Letter of Recommendation/Clinical Evaluation: $200
Phone calls: $200 per hour (billable in 15-minute increments)
Depositions: $300 per hour
Time away from the office due to Deposition or Testimony: $400 per hour
Time required in Giving Testimony: $300 per hour
Mileage: $.55 per mile
All attorney fees and costs that are incurred by the therapist as a result of the legal action.
Filing document with the court: $150
Minimum charge for a court appearance: $2000
A retainer of $2000 is due at least 72 business hours before the scheduled court appearance. The remainder of the cost will be billed after the court appearance and will be due upon receipt. If the therapist is subpoenaed and the case is reset to court with less than 72 business hours’ notice before the beginning of the day of the scheduled subpoena, trial, and/or testimony, and the testimony is not given, then the client will be charged $500.00 in addition to the original retainer of $2000.00 for having to appear in court.
All fees listed above are doubled if the therapist has to reschedule any vacation time.Bills are presented to clients on a weekly basis, and payment is expected upon receipt. If a payment is not made within 14 days of the invoice being sent out, your credit card on file will be charged. A zero balance will need to be kept at all times.