Counselor Education Comprehensive Exam (CECE) Practice Exam

When a counselor receives both a subpoena and a court order, they must:

1. Assert privilege

2. Only comply with the court order

3. Provide necessary information to the court

4. Request the client's attorney file a motion to quash

The correct answer is: Provide necessary information to the court

The correct response involves understanding the legal obligations a counselor faces when issued both a subpoena and a court order. In such cases, providing the necessary information to the court is paramount because a court order carries the weight of the law and compels the counselor to comply. A subpoena, while also a legal document requiring the provision of evidence or testimony, can sometimes be contested or negotiated, but a court order is definitive and typically does not allow for refusal without explicit legal grounds. By complying with the court's requirement, the counselor is respecting the judicial process and ensuring they are not in contempt of court. Given the complexity of the legal system and the ethical considerations in counseling, a counselor must always err on the side of following the court order when both documents are presented. This ensures that they fulfill their professional duties while also adhering to the legal framework surrounding client confidentiality, which can be further addressed through legal channels if necessary.