Court Action/Legal Proceedings
Court Actions - Legal Fees
Attention Clients seeking assistance from Therapist for legal actions!
Confidentiality
Your rights to privacy and confidentiality are important to me and to the therapeutic relationship. There are also laws in place to protect your privacy and confidentiality. However, situations can during court and legal proceedings which may compromise this privacy and confidentiality. Examples of this include but are not limited to the waiving of confidentially by agreeing to disclose mental health records in a lawsuit or if the client’s records are requested by a valid subpoena or court order. It is your responsibility to learn how your confidentiality and privacy may be compromised as a result of legal or court proceedings.
Given the damage that can be done to the therapeutic relationship, all clients are discouraged from having me as their therapist subpoenaed or having to provide records for the purpose of litigation. If you choose to move forward with having me subpoenaed to court you are responsible for the testimony fee and associated costs. However, it does not mean that my testimony will be presented in your favor. As a therapist, I can only testify to the facts of the case and to my professional opinion.
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.
Fees
Please note: If I receive a subpoena or notice to meet attorneys, without a minimum of 48 hour notice, there will be an additional $250.00 priority charge.
If a court appearance is required, the following fees are in effect:
1. Copy of files – $20.00 for medical records 5 pages or less in length. $0.50 per page for each page copied after the first 5 pages.
2. Letter of Recommendation/Clinical Evaluation- $200.00
3. Phone calls: $200.00 per hour (billable in 15 minute increments)
4. Depositions: $250.00 per hour
5. Time away from the office due to Deposition or Testimony: $250.00 per hour
6. Time required in Giving Testimony: $250.00 per hour
7. Mileage: $.55 per mile.
8. All attorney fees and costs that are incurred by the therapist as a result of the legal action.
9. Filing documents with the court: $150.00
10. The minimum charge for a court appearance: $1500.00
A retainer of $1500.00 is due at least 72 business hours before the scheduled court appearance. The remainder of cost will be billed after the court appearance and will be due upon receipt.
If the therapist is subpoenaed and the case is resent to court with less than 72 business hours’ notice prior to the beginning of the day of the scheduled subpoena, trial and/or the testimony is not given, then the client will be charged $500.00 in addition to original retainer of $1500.00 for having to appear in court.
All fees listed above are doubled if the therapist is out of town for scheduled vacation time and has to cancel said time off.
Bills are presented to clients on a weekly basis and payment is expected upon receipt. If a payment is not made within a 14 days of invoice being sent out, your credit card on file will be charged. A zero balance will need to be kept at all times.