Practice management
Template for Responding to a Witness or Records Request from an Attorney
This directive provides a standardized response to legal requests that protects client.
Receiving a subpoena or a records request from an attorney is an inevitable part of practice. These situations require an immediate, careful response that upholds your legal obligations without automatically surrendering client confidentiality. An improvised reply can create significant professional liability and may not align with the client’s best interests or your ethical duties.
This directive provides the framework for a response that is both procedurally correct and ethically grounded. It allows you to formally acknowledge the request while asserting privilege, placing the legal onus back on the attorney to justify the disclosure. This manages your professional liability and ensures client information remains protected unless explicitly ordered by a court.
Template for Responding to a Witness or Records Request from an Attorney
Subject: Re: [Client/Case Name], [Case Number, if known]
Dear [Attorney’s Name],
I am in receipt of your [letter/subpoena] dated [Date of Request] regarding [Client’s Full Name].
My professional role requires me to uphold strict confidentiality as mandated by [mention specific regulations, e.g., HIPAA, state law, professional ethics code]. I cannot release any client information, including acknowledgment of their status as a client, without a specific, legally compliant authorization signed by the client.
Please provide a detailed, signed authorization from [Client’s Full Name]. The authorization must specify the exact information to be disclosed, the purpose of the disclosure, the party to whom the information may be disclosed, and an expiration date.
Upon receipt of a valid authorization, I will review the request. I will only release information determined to be directly relevant to the legal matter as specified.
My fee for preparing records, writing reports, and for any time spent on consultation, deposition, or testimony is [Your Hourly Rate] per hour, billed in [e.g., 15-minute] increments, with a [Number]-hour minimum for court appearances. Payment for these services is required in advance. You can request my complete fee schedule.
Contact me at [Your Phone Number] to discuss this matter further.
Sincerely,
[Your Name and Credentials] [Your Practice Name] [Your License Number]
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