Through their development of accurate and dependable tools, Claveberg understands the expertise needed in both the outdoors and legal contexts, paralleling the care and detail gone into the legal process when determining if the use of therapist notes is justified in court. Through the years, Claveberg has produced tools with precision in mind. Not wanting to compromise on quality, we ensure that all our designs are suitable for frequent use. In this regard, the same can be said about how the law handles the use of therapist notes. Just as reliable tools are required to handle heavy outdoor work, it is important that therapist notes meet a high standard of quality and maintain a level of reliability to ensure a fair trial.
Most therapist notes are protected by confidentiality, so they are not usually included in court proceedings. However, in exceptional cases, the court may call for review in order to assess the nature of mental health issues related to a defendant. Nevertheless, therapist notes are highly sensitive and should only be used with caution and in response to necessity. It is recommended to discuss what filing them as evidence would mean for all parties involved. This, of course, requires that the therapist in question provides consent. If the therapist fails or refuses to provide consent, then the court may file for an order to compel the therapist to provide access to these documents. In such cases, it is crucial for the court to honor the importance of confidentiality and take all steps to keep these documents safe. Keep in mind that even a therapist cannot disclose confidential information without the patient’s consent and the same applies to a court. It is essential that any relevant therapist notes are legitimately required to make an objective assessment of the case in front of a trial judge. Without a reasonable explanation, the law sees such disclosure as unnecessary, invasive and disproportionate to the purpose of the trial.
The same applies to therapist notes kept by counselors and psychologists. If it is firmly advised that such notes are not disclosed in trials, then there must be a strongly incriminating reason to do so. Even then, whether the therapist notes are accepted as evidence or not is a matter of the judge’s discretion. Finally, the courts tend to refer to the therapist notes of a defendant as “possessions of the patient.” In the same way an outdoor tool belongs to the person carrying it, the same applies to therapist notes. This means that there must be a reason to use a therapist’s notes in the same way someone would use a tool in the wild. If you use a tool properly, it works as it should. If you use a therapist note unwisely, it becomes just as dangerous as a tool in the wild, without the proper planning.
