Legal Definitions - psychotherapist–client privilege

The psychotherapist–client privilege is a legal principle that protects confidential communications made between a client and their licensed psychotherapist during the course of therapy. This privilege generally prevents a psychotherapist from being compelled to disclose what was discussed in therapy sessions in a legal proceeding, such as a court case or deposition, without the client's consent. The primary purpose of this privilege is to encourage clients to speak openly and honestly with their therapists, fostering trust and enabling effective treatment, without fear that their private thoughts and feelings will be revealed in court.

Here are some examples illustrating how the psychotherapist–client privilege applies:

• Example 1: Child Custody Dispute

  During a contentious child custody battle, one parent's attorney attempts to subpoena the therapy records of the other parent, hoping to uncover information that could be used to question their emotional stability or parenting capacity. The psychotherapist–client privilege would allow the therapist to refuse to release these records or testify about their sessions. Unless the client explicitly waives the privilege, or a very specific legal exception applies (such as a direct threat of harm to the child), the court cannot compel the therapist to disclose the confidential information, thereby protecting the client's privacy and the integrity of their therapeutic relationship.

• Example 2: Workplace Discrimination Lawsuit

  A former employee files a lawsuit against their previous employer, alleging workplace discrimination that caused them significant emotional distress. The employer's defense team seeks to depose the employee's psychotherapist, wanting to inquire about the employee's mental state and any statements made during therapy sessions regarding their work environment. The psychotherapist–client privilege would prevent the therapist from being forced to disclose the content of these private sessions. Even though the employee's emotional state is central to the lawsuit, the privilege protects the detailed, confidential discussions from being revealed without the employee's informed consent, ensuring that the therapeutic space remains secure.

• Example 3: Personal Injury Claim

  After being involved in a severe car accident, a person seeks therapy to cope with post-traumatic stress and anxiety. When filing a personal injury claim against the at-fault driver, the opposing insurance company requests all of the accident victim's psychotherapy notes and records, arguing they need to assess the extent of emotional damages. While the victim's emotional distress is part of their claim, the psychotherapist–client privilege means that the therapist cannot automatically hand over all records. The victim would typically need to provide specific, informed consent for the release of *relevant* information, and even then, the scope of disclosure might be limited to protect unrelated private discussions, maintaining the confidentiality of their broader therapeutic journey.