Advocacy, Written Statements, and Testimony -Support

Prior to issuing statements, advocating, or providing testimony with respect to your therapy services, it’s best practice to carefully review your records, and discuss the records (and the parameters of your statement) with the client.  

First, it's important to always:   

• Confirm the records are current and accurate (updating and preparing addendums, as needed).

• Make sure the client is aware of any highly personal material of concern.

• Be aware of any information contained in the record that could aid the client in achieving the intended litigation goals.

• Alert the client to information in the record that could harm the client, if necessary.

Second, should you decide to issue a statement, or are require to by subpoena, always adhere to the following tips:

I.   Exercise caution in making definitive statements, as they are difficult to prove and often become a point of contention in litigation.

• Example: claiming that a client has “never” displayed aggression, which you are unable to support since you have NOT treated the client their entire life.

 II.   Never offer statements without full knowledge of the facts.

• Example: commenting on a client’s parenting skills when you have not treated the child, observed the client parent the child and have no expertise in child custody. 

III.   Be careful not to step outside your area of training and professional competence.

• Example: offering statements that a client’s return to work could damage a client’s trauma recovery, when you are not trained in trauma, have no experience in workplace disability, and have no first-hand knowledge, or documented facts, to support the client’s version of events in the workplace.

IV.   Avoid making statements that are not supported by the treatment record.

• Example:  commenting on possible triggers for a client's emotional state, when those specific triggers are not documented in the medical record. 

V.   Maintain objectivity, by continuously monitoring societal and personal biases.

• Example: advocating for a client with whom you developed a relationship, despite known unhealthy behavior of that client.

VI.   Exercise situational awareness, mindful of limitations of therapy based on one-sided information.

• Example: offering statements without acknowledging the entire picture, including the environment, and outside effects/stressors.

Third, remember it’s important to understand your client’s expectations.  Potential problems can be avoided by clarifying your role as a therapist early on.  If a client’s expectations are inconsistent with your understanding of your role (e.g., the need for advocacy, testimony, or letters) a referral to another provider better suited to the client’s needs may be necessary, sooner than later.