Court Preparation & Appearance
Details & Fees
Court Appearances
I do not voluntarily testify in court cases. Clients are discouraged from having their therapist subpoenaed. Keep in mind even though you are responsible for the fee for testimony, it does not mean that our testimony will be solely in your favor. I can only testify to the facts of the case and to my professional opinion.
In the event that I receive a subpoena to appear in court to testify on the behalf of you, your child, or any other family member, the following fees will apply:
The minimum charge to appear in court: $1,500 per appearance. A retainer of $1,500 is due two weeks in advance. Since I will be required to clear my calendar of all appointments and prior engagements so that I may be available to appear in court, this fee is non-refundable. If your court date is reset or postponed and I must again clear my calendar to attend court on another date, you will again be charged another $1,500 appearance fee. If your court appearance is cancelled, this fee is non-refundable.
Fees:
- Preparation time (including submission of records and preparation of court reports and letters): $350/hour
- Phone calls, time away from office due to depositions, testimony or filing court documents: $350/hour
- Mileage: $0.50/mile
- Express charge: If a subpoena or notice to meet attorneys is received without a minimum of 48-hour notice an additional $350 express charge will apply.
- All attorney fees and costs incurred by the therapist as a result of the legal action.
Divorce/Custody Cases
Please be advised that, if I receive a subpoena to testify in a divorce/custody case, I will not make a custody recommendation, or a recommendation of where a child should live, nor will I make a determination as to one’s fitness as a parent.
Confidentiality
Your rights to privacy and confidentiality are important to me, and I work hard to protect them. There are also laws in place to protect you. Please note there are situations during court and legal proceedings where they may be compromised. Examples of this include you waiving confidentially by agreeing to disclose the client’s mental health records in a lawsuit for emotional distress; your decision to pursue a lawsuit where the client’s mental or emotional condition is relevant or critical; if the client’s records are requested by a valid subpoena or court order. It is your responsibility to learn how confidentiality and privacy may be compromised as a result of legal or court proceedings.
Non-Payment
If you have not paid the court-related fees incurred within 10 business days of invoicing, I have the option of using legal means to secure the payment. This involves hiring a collection agency or going through small claims court. In most collection situations, the only information I release regarding a patient’s treatment is his/her name, the nature of the services provided, and the amount due. A late fee of 20% of the unpaid balance will be charged each month that a balance remains unpaid.