You have been served. Here is what happens next.
A subpoena for a client’s records is not a court order, and producing the file on demand is often the wrong move. I help you respond in a way that protects the client, satisfies the court, and keeps your license intact — including objections, custodian affidavits, and communication with the requesting attorney.
How I handle a subpoena:
- Confirm what was actually served — subpoena duces tecum, deposition subpoena, or a request that isn’t a subpoena at all — and what it legally requires of you
- Determine whether your client has been notified and has an opportunity to object, and coordinate with their attorney if they have one
- Draft objections where the request is overbroad, privileged, or improperly served
- Prepare a custodian of records affidavit where production is appropriate, so you can comply without a personal appearance
- Communicate directly with the requesting attorney to narrow or resolve the request where possible
- Advise on what CMIA and HIPAA actually require you to disclose, and what they don’t
What this typically costs:
Most subpoena responses are handled as a flat-fee engagement once I understand what was served and the posture of the underlying case. A written consultation is the fastest way to get a read on your specific subpoena and next steps within one to three business days.
Common Questions:
- Can I just call the requesting attorney and ask what they actually need? Often, yes — and it’s frequently the fastest way to narrow an overbroad request. I can make that call for you.
- What if my client tells me not to comply? Your client’s objection matters, but it doesn’t resolve your obligation to respond to the court in some form — silence is not a safe option.
- Does it matter if the case is in family court, a licensing matter, or civil litigation? Yes — the privilege analysis and the standard for objecting differ by forum, which is why a generic subpoena template is a risk, not a shortcut.