A woman in individual therapy tells an MFT that her ex-husband is volatile and drinking heavily. She believes he is planniA woman is suing her employer, saying working conditions caused her anxiety disorder. Her MFT receives a subpoena from the employer’s attorney. The client asks the MFT not to testify or share records. The MFT should:

A. Advise the client to drop the lawsuit

B. Respond to assert privilege

C. Waive privilege on her behalf

D. Do not respond to the subpoena

Rationale: While an exception to privilege does apply here, only the client or a judge can waive privilege. Until you know that either the client has waived privilege or a judge has determined that privilege does not apply, asserting privilege is a good default position. The MFT cannot give the client legal advice (A) or unilaterally waive privilege (C), and even subpoenas from private attorneys must be responded to in some form (eliminating D).

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