What should you do when that dreaded subpoena arrives in your private practice's inbox or mailbox?
In this episode, Patrick Casale talks with Dr. Brittany Bate, licensed psychologist, private practice strategy coach, and the founder of Be BOLD Psychology and Consulting, about the essentials that mental health professionals need to know to navigate legal requests and the court system.
3 key takeaways:
- Paperwork Preparedness is Protection: Ensure your informed consent and scope of practice documents are up to date, specifically with clear language around court involvement, parental consent for minors, and your actual capacity/role as a therapist (hint: you are not a custody evaluator unless specifically trained!).
- Don’t Ignore—Respond! Even if a subpoena isn’t a court order, it usually requires a response (not just in NC, but in most states). Failing to reply—even if the request is unnecessary or outside your scope—could result in being held in contempt of court.
- Have (and Enforce) Reasonable Court Fees: Outline your fees for all court-related activities (prep, document compilation, testimony, etc.) in your paperwork. These should be reasonable and customary—don’t “price yourself out” unethically. Enforcing these agreements can often deter unnecessary requests and ensure your time is respected.
Brittany also reminds therapists to document every session as if it might be read aloud in court. You never know when your notes may become part of the public record.
If you want practical templates, risk-management tips, and on-demand courses to get your private practice truly “court-proof,” Brittany and her team have resources ready to go.
DISCLAIMER: This podcast episode is for educational purposes and is not intended as legal advice.
More about Brittany:
Dr. Brittany Bate is a licensed psychologist, private practice strategy coach, and the founder of Be BOLD Psychology and Consulting – a North Carolina-based, primarily telehealth group practice offering LGBTQIA+ celebratory, neuroaffirming, and trauma-informed care. Her team specializes in individual, couples, family, and group therapy, as well as psychological evaluations, court-ordered assessments, and forensic evaluations and services.
Brittany also owns Bold Practice Builders, where she helps therapists and group practice owners build values-aligned, efficient, and profitable businesses through trainings, masterminds, and done-for-you customizable templates and resources.
With a doctoral degree focusing in clinical psychology with a forensic emphasis, Brittany is a forensic psychologist at heart. Additionally, with a background in conducting therapy and assessment in forensic state hospitals, state and federal prisons, and conducting threat assessments with the NC State Bureau of Investigation’s Behavioral Threat Assessment Unit, Brittany brings a unique lens to the intersection of mental health and the legal system. She’s especially passionate about helping fellow clinicians navigate subpoenas, courtroom testimony, and high-stakes ethical decisions – before the subpoena arrives or they are on the stand. Her goal is to equip providers with the paperwork, confidence, and strategies they need to respond clearly, ethically, and without panic.
A self-proclaimed group therapy enthusiast and jury research nerd, Brittany combines real-world experience with research-backed best practices – especially when it comes to ethical testimony and witness preparation.
As a queer, cisgender woman with ADHD, Brittany is also deeply committed to uplifting other LGBTQIA+ and neurodivergent professionals as they build bold, affirming businesses of their own.
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Thanks to The Receptionist for iPad for sponsoring this episode.
The Receptionist for iPad is a HIPAA-ready digital check-in system that eliminates the need to walk back and forth from your office to the waiting room to see if your next appointment has arrived. Clients or patients can check in for their appointments, and you'll be immediately notified by text, email, or your preferred channel. Break free from interruptions and make the most of your time, because it is valuable. Start a free 14-day trial of the Receptionist for iPad by going to thereceptionist.com/privatepractice. Make sure to start your trial with that link to get your first month free if you decide to sign up.
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Mentioned in this episode:
The Receptionist for iPad
The Receptionist for iPad is a HIPAA-ready digital check-in system that eliminates the need to walk back and forth from your office to the waiting room to see if your next appointment has arrived. Clients or patients can check in for their appointments, and you'll be immediately notified by text, email, or your preferred channel. Break free from interruptions and make the most of your time, because it is valuable. Start a free 14-day trial of the Receptionist for iPad by going to https://thereceptionist.com/privatepractice. Make sure to start your trial with that link to get your first month free if you decide to sign up.
