Committee on Legal Issues (COLI) response to commentary.

Abstract

had three modest goals: to explain why psychologists who receive a subpoena should not ignore it; to emphasize that psychologists who receive a subpoena should not respond by immediately disclosing all requested information in their possession; and, without purporting to give specific legal advice, to offer psychologists points to consider when they are faced with a subpoena or an order compelling testimony. Since the original article's 2006 update, new laws have been enacted and existing laws have grown more complex. Even so, COLI believes that the original article's modest goals are still worth pursuing. Although the Article could not cover all circumstances related to subpoenas and court orders or catalog all relevant federal and state laws, rules, regulations, and cases, the Article helps practicing psychologists plan what steps they might take when they must respond to a subpoena or an order compelling testimony. Of note, the Article emphasizes that it does not provide legal advice, nor is it intended to substitute for the advice of an attorney. These issues, fraught with legal and ethical implications, are complex. Clarity in this area, not confusion, best guides practicing psychologists on how to address these legal demands.This Response answers a commentary (Commentary), titled