LUBOFSKY PC
Mike Lubofsky, JD, MA, LMFT
Licensed Attorney and Psychotherapist in California
Legal advice from an attorney who is also a licensed therapist.
I am a California attorney and LMFT. I form professional corporations for psychotherapists, psychologists, and clinical social workers; review their clinical documents, websites, and HIPAA arrangements; and advise them when the hard things arrive — a subpoena, a Board letter, an ethics dilemma, a records demand. Every answer accounts for the clinical reality, not just the statute.
| Have you received a subpoena or records request? |
| You have been served, or a lawyer is asking for a client’s file. What you must produce, what you must not, and how to respond without breaching confidentiality. |
| Subpoenas & Records |
| Have you received a letter from the BBS or Board of Psychology? |
| A BBS or Board of Psychology inquiry, citation, or complaint. What to do in the first 72 hours, and what not to do. |
| Board Complaints |
| Do you need to resolve an ethical question or dilemma? |
| A dual relationship, a termination, a disclosure decision. A written opinion, with citations to your code, that you can place in the record. |
| Ethics Consultations |
| Are you starting a new private therapy or psychology practice? |
| Formation of your California professional corporation from start to finish: Articles filed with the Secretary of State, Moscone-Knox-compliant bylaws, organizational resolutions, EIN, S-election, and the intake document set to open your doors. One flat fee. |
| Starting a Practice |
| Do you need a compliance audit of your clincial documentation or website content? |
| Your clinical documents, your website, your advertising language, your HIPAA footprint — reviewed against California law and your licensing board’s rules, with a written report of what to fix and how. |
| Forms & Compliance |
| Something else? |
| If it involves a therapist and the law, it is probably something I have seen. Start with a written consultation. |
| Written Consultation |
Building or Restructuring Your Practice
Incorporation and compliance, handled by someone who has done it for his own practice.
Form Your Professional Corporation
For a licensed mental health professional in California, the right entity is a professional corporation under the Moscone-Knox Act — not an LLC, which the state does not permit for licensed clinical practice.
Optional in the same package: practice name and domain strategy, website and hosting setup, and selection of a practice-management and payment platform.
I handle full PC formation including:
- Name clearance and Articles of Incorporation filed with the California Secretary of State
- Bylaws drafted for your license type, with the transfer-on-disqualification and shareholder provisions the Act requires
- Organizational resolutions, share issuance, and the corporate record book
- EIN registration and the S-corporation election, with a written memo on whether the election makes sense for your revenue
- Statement of Information and the licensing board’s corporate registration where required
- A coordinated intake document set — informed consent, telehealth consent, Notice of Privacy Practices, releases — drafted for the new entity
Compliance Review
Most practices were built one document at a time, over years, from templates of uncertain origin. A compliance review looks at the whole thing at once:
- Clinical documents: consent forms, privacy notices, telehealth policies, releases, and fee agreements, checked against current California law and BBS or Board of Psychology regulations
- Website and marketing: every page, bio, and directory listing reviewed for advertising rules, scope-of-practice language, testimonial and fee-disclosure requirements, and unlicensed-practice risk in how services are described
- HIPAA: Business Associate Agreements, vendor inventory, telehealth platform, AI and note-taking tools, breach-notification readiness
- Corporate housekeeping for existing professional corporations: minutes, Statements of Information, shareholder eligibility
You receive a written report ranking each issue by risk, with corrected language where a document needs it. Practices that want ongoing coverage can convert the review into a standing retainer.
Request a Written Consultation
Most questions do not need a phone call. They need an answer you can keep.
You submit one specific question with the facts that matter. Within one to three business days you receive a written response of roughly 500 to 750 words, with citations and concrete next steps, delivered as a password-protected PDF. You re-read it when the situation comes up again. You share it with your supervisor, your business partner, or your accountant.
The flat fee is $200, paid at submission. If you retain me for further work, the fee is credited against it.
Why an Attorney/Therapist?
I have sat in both chairs.
I earned my JD at Boston University School of Law and have practiced law in California since 2001. I later trained as a Marriage and Family Therapist and have run a private psychotherapy practice in Oakland since 2019. I also serve as a Mental Health Hearing Officer for the Superior Court of Alameda County, conducting involuntary-hold hearings.
That combination matters at every stage of a practice. When you incorporate, I know which entity the Business and Professions Code actually permits for your license, and which bylaws provisions a lawyer without clinical experience tends to get wrong. When I review your consent forms or your website, I read them the way a client, a board investigator, and a plaintiff’s attorney each would — because I have written and used the same documents in my own practice. And when the question is “do I have to produce these notes?” or “is this a Tarasoff situation?”, the legal answer and the clinical answer are rarely the same; the right advice sits in between.
California State Bar No. 214060 · California LMFT License No. 129382