Clients are strongly discouraged from having their therapist subpoenaed or having her provide records for the purpose of litigation. Even though you are responsible for the testimony fee, it does not mean that our testimony will be solely in your favor. We can only testify to the facts of the case and, if qualified to do so by the court, our professional opinion. We are not certified to provide custody recommendations or assess fitness as a parent. Asking a therapist to provide confidential records or testify can damage the trust built in a counseling relationship with a client.

Furthermore, when your therapist must go to court, all clients that would have normally been seen that day must be rescheduled, so fees will be assessed to make up for lost revenue. These fees are usual and customary, and within State of Texas guidelines. None of these fees are billable to your insurance and are the sole responsibility of the client or requestor.

If the provider is to receive a subpoena, the attorney or their office staff must call and set up a time for the subpoena to be served during office hours. A minimum of 72 hours’ notice is requested in order to accommodate schedule changes.

Please note:  If a subpoena or notice to meet with an attorney is received without a minimum of 72 hours’ notice, there will be an additional $250 express charge.

When it comes to court action, the following fees are in effect:

1. Preparation time (including submission of records): $200/hour (billable in 15-minute increments)

2. Phone calls: $200/hour (billable in 15-minute increments)

3. Depositions: $250/hour

4. Time required in giving testimony: $250/hour

5. Time away from office due to depositions or testimony: $200/hour

6. All attorney fees and costs that are incurred by the therapist as a result of the legal action.

7. Filing a document with the court: $100

8. The minimum charge for a court appearance: $1500

A retainer of $1500 is due at least 72 hours before the scheduled court appearance. The remainder of the costs will be billed after the court appearance and will be due upon receipt. If the therapist is subpoenaed and the case is reset with less than 72 hours’ notice prior to the beginning of the day of the scheduled subpoena, trial, and/or testimony is not given, then the client will be charged $500 (in addition to the original retainer of $1500 for having to appear in court). 

All fees listed above are doubled if the therapist has previously been scheduled to be out of town at the time of the court appearance.