Free Practice Question: Privilege

By Robin Gluck on July 5, 2018

subpoena ordering a person to attend a court vector

This week, our free MFT Law and Ethics exam and LCSW Law and Ethics exam practice question will focus on the topic of privilege. This is a topic that many test-takers struggle with as they prepare for the exam. This is in large part because it is more of an abstract concept. While you’ve likely had experiences with the vast majority of subjects tested on the law and ethics exams, most therapists, especially those earlier in their careers, have not dealt with subpoenas or court orders. And while practice makes perfect, or at least makes subjects seem less daunting, your knowledge of this subject can be perfected through our exam prep!

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How will privilege appear on the exam?

There are several ways privilege can appear on the exam. Privilege is a legal concept; it is not addressed in your code of ethics. You may see questions that test your knowledge regarding the following:

  • exceptions to privilege
  • who is the holder of privilege
  • responding to a subpoena or court order
  • sharing privileged communications

Let’s see how you do on this week’s FREE practice question regarding privilege.

Practice Question:

A couple attended therapy for two years and after achieving their goals they terminated services. The couple has an amicable relationship and is co-parenting their children, but determined it would be best to divorce. The therapist receives a subpoena from the husband’s lawyer to release records as part of the divorce proceedings. The husband also faxes the therapist a written authorization to release records. The therapist attempts to contact the wife, but is unable to reach her. Which of the following actions should the therapist take to manage the legal issues involved in this case?

A. Release the records since therapist attempted to contact wife and the couple has an amicable relationship.

B. Call the husband’s lawyer and inform the lawyer that the therapist has not been able to successfully reach the wife

C. Call the therapist’s professional liability insurance company’s legal team for purpose of consultation

D. Invoke the wife’s privilege until therapist receives release from wife or a court order

Share your answer and rationale in the comments section below and check back tomorrow for a discussion of the answer and rationale for this week’s Law and Ethics practice test question.

To learn more about privilege (as well as all of the other topics you need to know for your MFT Law and Ethics exam or LCSW Law and Ethics exam), sign up for one of TDC’s exam prep program to help you prepare for your exams today! Amanda Rowan has helped thousands of therapists and social workers pass their licensing exams. Are you our next success story?


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42 Responses to “Free Practice Question: Privilege”

  1. Stephanie

    B

    Reply
  2. Patricia Mack

    Please give me additional information on successful passing the ASWB exam . Free Practice Question on privilege

    Reply
  3. patricia mack

    Information on privilege in Clinical exam for social worker

    Reply
  4. Barbara Mills

    D.

    Reply
  5. Hildamaria

    D

    Reply
    • Flynn

      D

      Reply
      • Tiffany Barnes

        D- the wife needs to give consent

        Reply
  6. Zena Jones

    D

    Reply
  7. Marilyn(future LCSW)

    D- Wait to hear from the wife. He could have killed her so we don’t know.

    Reply
  8. Kristen

    D

    Reply
  9. Loretta Brown

    D

    Reply
  10. Ana

    D

    Reply
  11. Donnetta Washington

    D

    Reply
  12. Monica

    D

    Reply
  13. Kimberly

    D

    Reply
  14. Patricia Mavk

    D

    Reply
  15. brenda

    D

    Reply
  16. Melissa

    D- as an MFT the relationship is really our client. Need to get tge wifes consent.

    Reply
  17. Freda

    D

    Reply
  18. Stephanie

    D-because it was couples therapy so you need a release from both of them. ..Remember the couple is the client. If the you are unable to reach the wife or if the wife declines the the release then a court order must be issued to release any record.

    Reply
  19. Katheryn

    D – We need to get her consent first. If we are unable to reach her we need to assert privilege on her behalf for the moment.

    Reply
  20. Diana Ramirez

    D

    Reply
  21. Arlice Cleveland

    D

    Reply
  22. Priscilla

    D

    Reply
  23. MGNarayan

    D. In couples therapy, both partners ( here husband and wife) are the client, so need the written consent of both, or a valid court order, to release confidential information.

    Reply
  24. patriciamack

    Thank you for this positive feedback.Looking forward to more .

    Reply
  25. johanlr1

    D is the answer bc both are my cl’s and must obtain authorization from wife to release. In the case she refuses that would be my next question.

    Reply
  26. Ddee

    D – because couple is client and need consent from both, and need to hear something from wife before release anything.

    Reply
  27. Deisi Rohsig-Rohsig

    D

    Reply
  28. Jean

    D

    Reply
  29. JImmy Garcia

    Answer D
    I need to get the wife to give permission since they were receiving couples therapy.

    Reply
  30. Benita Lopez

    B

    Reply
  31. Rashida

    C

    Reply
  32. Kabita Singh

    D, Because its a Couple therapy and we canot release record unless we get the consent from wife. Please submit the Answer too.

    Reply
  33. Carla

    D assert privilege until court order or wife calls. The couple is consider the client as a unit.

    Reply
  34. Nana-Stella Eugene

    D

    Reply
  35. Teresa Verhalen slater

    D

    Reply
  36. Hailey

    D– There needs to be consent from the wife for the release of records unless a court order is placed, you would not need to directly report to the lawyer’s subpoena without the wife’s consent.

    Reply
  37. Dianna V. Luna

    D. Invoke the wife’s privilege until the therapist receives release from the wife or court order as one is still in need of the wife’s consent to release of information.

    Reply
  38. Evangeline

    D.
    Therapist needs to get consent from wife.

    Reply
  39. Jodi

    D. As they were seen as a couple and information on the wife is in the chart and the court didn’t order the release, the wife needs to be notified.

    Reply

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