Mental Health & Therapist Records Privilege — Produce at Florida Trial ?

Probate litigators in Palm Beach know that there are many privileges under the Florida Evidence Code which prevent the disclosure of information. We are talking about the other side to a Probate Lawsuit trying to get your personal documents and information—either from you or from your service providers.  Can an heir or a party to a Palm Beach estate case get your therapist’s notes from your counseling sessions?  Attorney client privilege, accountant client privilege and clergy client privilege are common ways to keep information from being produced to the other side in a Palm Beach lawsuit.  In those instances, the law protects communications between you and those from whom you may expect confidentiality and privacy.  But there are exceptions.  In a prior Palm Beach case I had, the issue became:  can the psychotherapist records –and notes –of a deceased person be produced in a Palm Beach estate lawsuit ?…… you may want to read this Palm Beach probate legal commentary to learn how the other side can get your therapist records, which you may believe are confidential.

Rules of Confidentiality

• If you are involved in an Estate Lawsuit, or a Probate Litigation, first decide whether a privilege for protection of information exists
• Next, CLAIM that privilege
• Have your Palm Beach probate litigation law firm ASSERT the privilege in court filed documents so there is a record of it
• You may need to attach a privilege log identifying what documents you believe are protected
• The court may conduct an in camera inspection of the docs & records

Next Steps in the Estate Lawsuit

• Read & understand the documents which you are claiming a privilege for
• Interview the therapist or counselor to know what they were thinking when they made the notes or what their records mean
• Consider whether asserting the privilige is in the best interests of the client
• If the trial court makes you produce the information, consider filing an appeal with the 4th District Court of Appeal….a petition for a writ of certiorari if you want the information kept confidential

But remember:…… if you put your mental health at issue in your  inheritance trial, the other side probably gets your records.  …. Ask your Probate Litigator about this.

Consider the simple Palm Beach probate dispute:  the deceased person’s mental state is at issue…..

Q:  can you get his or her therapist’s and psychiatrist’s notes and records ?  Or is that information privileged?

The Palm Beach personal representative may assert the privilege and the Palm Beach probate judge will make the call.