What do you know about the court system? Have you ever been subpoenaed, and were you prepared? What should you have ready in case you’re called to testify, and how should you best protect yourself and your client in this nuanced situation?
In this podcast episode, Andrew Burdette speaks about navigating and preparing for the court systems with Jill Williams.
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Meet Jill Williams
Jill Williams, LCSW owns Mental Health Masterminds, an online education and consultation business designed to support clinicians in feeling competent and confident with their day-to-day work. whether they are fresh out of grad school or delightfully seasoned pros. Jill also owns Flourish Counseling and Wellness, a group practice offering treatment to children and adults in Asheville, NC. Her primary goal at Flourish is to provide the sustainable, long-term employment that she wishes was available when she became a therapist 15 years ago. Visit Mental Health Masterminds and Flourish Counseling and Wellness.
In This Podcast
- Acronyms to know in the court system
- Remember your informed consent
- Jill’s advice on what is important to consider
Acronyms to know in the court system
The language that you use in the court systems is very different from what therapists know, so if you want to be part of the court systems and understand how they work, it would be very helpful to know the terminology.
- DOC: Department of Corrections
- PO: parole officer or probation officer
- CPS: Child Protection Services
If this is something that you are more interested in [and] learning more about, and being part of these systems … I would say that if there’s ever something that you don’t know, try to look it up or ask a colleague who is more familiar with it … Unless you are actively out there trying to get into the court system … You don’t want to know them and you don’t need to know them. (Jill Williams)
Approach it with a lifelong learner mindset, but don’t bog yourself down too much by trying to memorize or familiarize yourself with terminology unless you need to know and use it for your work. Similarly, even though you may only see a specific client base so that you may be very unlikely to go to court if a judge gives you a court order to testify or share notes, you are obligated to do so, and it would be helpful to you to know how it works.
Remember your informed consent
To protect yourself – and also your clients – when it comes to anything to do with the courts remember the informed consent that you gave your clients, and that they signed.
We can only do what they have signed an informed consent for us to do. So if you’re doing DWI assessments, there’s a very different informed consent for that than there would be for standard out-patient therapy … So one of the things that you can always come back to is, ‘What are they actually consenting for you to do?’ (Jill Williams)
Depending on what you do and what services you provide for your clients, and the contract that they sign with you once you begin therapy or counselling with them, that can protect you from them asking you to do work outside of your scope for the courts.
Jill’s advice on what is important to consider
1 – Clear informed consent: in excruciating detail, explain what your role is and isn’t in your informed consent with the appropriate terminology and explanations. It can even be as specific as stating explicitly what you can do and what you cannot do.
2 – Clearly state your court fees: explain how your fee structure works if you do go to court, including the time it takes to prepare notes, give testimony, drive to and from the courthouse, and any other relevant activity.
One thing I want to point out here is that different states may have different laws or statutes surrounding what would be a reasonable fee for court involvement, so you want to talk to your liability insurance people to figure out what that might be in your state. (Jill Williams)
3 – Avoid panic and prepare: in case you do receive a subpoena to appear in court if it seems likely with certain clients, then it would help to have some structure in place for yourself so that you can prepare beforehand and not last minute.
Useful links mentioned in this episode:
- Visit Mental Health Masterminds and Flourish Counseling and Wellness.
- Trust me, don’t waste any more of your time, and try TherapyNotes.
Check out these additional resources:
- Billing and Documentation for Couples Counselling with Barbara Griswold | GP 218
- Practice of the Practice Network
- Group Practice Launch
- Group Practice Boss: www.practiceofthepractice.com/grouppracticeboss $149 a month
- PoP Group Practice Owners Facebook Group
- Free resources to help you start, grow, and scale
- Work with us
- Practice of the Practice Network
Meet Andrew Burdette
Andrew founded Mindful Counseling PLLC in Asheville, NC shortly after completing his graduate program in clinical mental health counseling. At the start of the pandemic, he pivoted to an online solo practice, and in 2022, began to grow a group practice. He most enjoys helping clients and colleagues identify what ignites their passions and assisting them in creating a life rooted in authenticity. Andrew approaches his business development with alignment in mind and enjoys the integration process connecting the many puzzle pieces and systems required to run a successful practice.
Visit Andrew’s website and Apply to work with him.
Email him at [email protected]
