Exam Preview for 1971: Social Workers as Witnesses: Ethical Respons

Social Workers as Witnesses: Ethical Responses to Subpoenas

Please note: exam questions are subject to change.

1. When social workers receive a document stating that they should submit a client’s records to court, which of the following is the first thing they should do? File a motion to quash the subpoena. Advise the client that they must submit the records to court immediately. Determine whether the document is a valid and enforceable subpoena. Advise the client that they are not allowed to submit the client’s records to court.
2. Which of the following is the most accurate definition of a subpoena? An open letter from an attorney asking someone to testify or submit documents for a court proceeding. A court document requiring a person to testify in court or produce particular documents. A statute that requires people to testify in court unless they are licensed professionals. A penalty that may be imposed by a judge for failing to testify in court (e.g., due to contempt of court or obstruction of justice).
3. If a social worker receives a document and is unsure whether it is a legally enforceable subpoena, they would be prudent to seek LEGAL ADVICE from: their client. their clinical supervisor. their professional association (e.g., National Association of Social Workers). their attorney.
4. If a social worker receives a subpoena to testify in court, who has the right to waive confidentiality and privilege? The client. The social worker. The client’s attorney. The social worker’s attorney.
5. When a social worker and client discuss how to respond to a subpoena that the social worker has received, the social worker should ensure that the client: knows that they can simply ignore the subpoena. has the right to destroy all client records. follows the social worker’s wise advice. has access to legal advice.
6. If a client files a motion to quash a subpoena, then: the social worker has the option of whether to comply with the subpoena. the judge hearing the motion determines whether to cancel or enforce the subpoena. the social worker’s attorney may be found in contempt of court. the client gives up the right to confidentiality and privilege.
7. When a social worker plans to testify in response to a subpoena, prudent practice suggests that he: advise the client about the subpoena and plans to testify. not tell the client anything about the subpoena in advance of the trial. report himself to his licensing body for breach of client confidentiality. sue the client for malpractice.
8. If social worker believes that she owes her client a duty of privilege, and a judge orders the social worker to testify about the client regardless of this privilege, the social worker should: tell the judge that she is in contempt of court. state, for the record, that she believes that she is obliged to maintain the client’s confidentiality and privilege, but that she is testifying because she is ordered to do so by the court. state, for the record, that she believes that she is not obliged to maintain the client’s confidentiality and privilege, but that she is testifying because she is ordered to do so by the court. ask the National Association of Social Workers to testify on her behalf.
9. Why might it be helpful for a social worker to testify? It is never ethical or appropriate for social workers to testify in court. The social worker may have useful information for the court case and the court order allows the worker to testify even if the client does not provide consent. A court order requiring a social worker to testify means that the social worker can also share confidential information with the media, friends, and family. Courts do not have the power to order social workers to testify.
10. What is a lawful and ethical way for a social worker to minimize the disclosure of confidential client information while meeting a court subpoena to produce client records? Shred client files before the court hearing. Change the client’s files before submitting them to court to eliminate any information that could go against the client’s case. Have an attorney ask the judge whether it is possible to view the client files privately and determine which information, if any, should be entered into the public court records. Tell the court that the client’s records were lost due to a computer virus (even if this is not true).