40. Privilege

Question 1

A legal term related to when issues of confidentiality occur in legal setting, this is when client has a right to have their information held confidential

This happens during lawyer subpoenas or if there’s a court order and assumes that a SW cannot disclose confidential information without the client’s consent

Answer 1

Privilege

Question 2

Who Holds It:

Answer 2

The client always holds privilege (even minors)

In court situations, the court will appoint a Guardian ad Litem (can be parents which they will also hold privilege)

Question 3

When It’s Waived:

Answer 3

Privilege is waived during a legal request of subpoena through the court or by a lawyer, a SW must comply with a court order

In some cases, if records can be detrimental to client’s health (such as child’s sexual abuse), then the SW can advocate on behalf of the client

If a client’s records are requested through subpoena by a lawyer (such as a divorce cases), the SW can day lawyer request by asserting privilege if the client does not want the records to be released