Privlege and Therapy

One question that we’ve come across from time to time is how can attorneys handle attorney-client privilege questions while in therapy. Given that caseloads and clients can both be an important source of stress for attorneys, it is worth exploring this question in greater detail.

The official line from most ethics professionals is that attorney-client privilege is absolute, and even in cases where additional levels of confidentiality apply, such as therapy, that remains true. Unofficially some have admitted that the importance of taking care of one’s mental health might weigh in favor of breaking privilege.

Just to be clear, we are in not recommending one way or another. Professional ethics are important and exist for a reason. Yet mental health is also important. How a legal professional balances these competing issues are questions that only they can answer. That said, there are also other approaches that could serve your mental health while also maintaining professional obligations.

As a starting point, changing case details to prevent your therapist or peer support specialist from identifying the case or client you are referencing is always an option, one that might take care of this conflict in a majority of cases. Another possibility is talking to another attorney in your office who is already on the case. While they might not have the same training as a peer specialist or therapist, simply talking to someone can be a lifeline for many legal professionals in need.

Ultimately, what you do with cases like this is up to you. However, it is an important issue, one that needs to be talked about more by legal professionals. The LegalMind Society would love to see more discussion around this issue in the future. The most important thing is to remember that your mental health is important, and shouldn’t be ignored because of professional rules.