As a licensed psychologist. does my client need to waive client/therapist privilege before I can testify at a deposition on her behalf?
Question Details:
I'm a licensed psychologist, treating my client for psychological issues resulting from an action for which she is now suing as the plaintiff. She wants me to be deposed on her behalf, as she has discussed symptoms with me which are relevant for documenting her legal complaint. She has signed a medical release of information, but has not signed a waiver of client/therapist privilege. Is it legal for me to testify in deposition (and at trial) if there is no client/therapist privilege waiver? Am I putting myself into danger of a potential suit against myself? What specifically do I need?
Business Law Answers
You do not technically need a waiver in order to testify, but you would have to assert the client/therapist privilege as to any questions that would result in the disclosure of client confidences. It sounds like that would defeat the purpose of the deposition and trial testimony. Unfortunately she can't waive only part of the privilege, to allow you to testify to verify symptoms, without the very real risk of a court ordering you to answer follow up questions that would go much farther. So to protect yourself you really need to refuse to testify based on the client/therapist privilege, or obtain a written general waiver of the privilege. Without (obviously) knowing anything about your client, you also must satisfy yourself that she is competent to give a fully informed and voluntary waiver.
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