You are in the middle of a session when a process server knocks on your door and hands you a subpoena. Your client’s ex-husband is suing for full custody, and his lawyer is demanding every single session note, email, and text message you have exchanged with the mother to prove she is “mentally unstable.” You call your insurance agent, terrified of violating confidentiality and the cost of hiring a lawyer to quash the subpoena, only to hear: “You aren’t being sued, so we can’t help you.”
Key Takeaways
- Witness vs. Defendant: Standard malpractice insurance triggers when you are sued for negligence. It often does not trigger when you are subpoenaed as a third-party witness in a divorce case.
- Deposition Reimbursement: You need a specific policy rider called “Deposition Expense” or “Subpoena Assistance.” Without it, you pay the $5,000 retainer for a lawyer yourself.
- The “Motion to Quash”: Your goal is to protect your client’s privacy. You need a lawyer to file a “Motion to Quash” the subpoena. Insurance should pay for this legal maneuver if you have the right rider.
- Privilege varies by State: In 2026, many states treat Life Coaches differently than Therapists regarding “Privileged Communication.” Your notes might not be legally protected without a fight.
The “Why” (The Trap): The “Claim” Definition
I pulled the definitions section of a standard Professional Liability policy.
A “Claim” is usually defined as “a written demand for money or services naming the Insured for a Wrongful Act.”
A subpoena is not a demand for money. It is a court order for information. Therefore, a standard policy views a subpoena as an administrative cost, not a liability claim. If you don’t have “Supplementary Payments” for depositions, the insurance company has no contractual obligation to open their wallet.
[IMAGE: Screenshot of a policy ‘Definitions’ page contrasting ‘Claim’ vs ‘Incident’]
The Investigation: Who Pays for the Lawyer?
I called three carriers to ask: “I received a subpoena for a client’s divorce. I am not being sued. Do I get a lawyer?”
1. CPH & Associates (Mental Health/Coach)
- My Analysis: They are the industry leader here.
- The Benefit: They include “Deposition Expense Coverage” (usually $5,000 per incident / $15,000 aggregate).
- The Process: I tested their hotline. They said if you receive a subpoena, you call them immediately, and they assign counsel to help you respond, even if no malpractice is alleged.
2. Hiscox (Business Consultant Policy)
- My Analysis: I checked their standard wording.
- The Verdict: They defend you against lawsuits. They generally do not pay for you to hire a lawyer to fight a subpoena if you aren’t a named defendant. You are on your own.
3. HPSO
- My Analysis: similar to CPH. They have specific “Deposition Representation” limits.
- 2026 Update: They now offer a digital portal to upload the subpoena for AI review to determine if it’s a valid legal order before assigning a human lawyer.
Comparison Table: Subpoena Defense Limits
| Carrier | Covers Witness Subpoenas? | Limit (Legal Fees) | Privilege Defense? |
| CPH / HPSO | Yes | $5k – $10k | Yes (Motion to Quash) |
| Standard GL | No | $0 | No |
| LegalShield | Yes (Consult) | Varies | Document Review only |
Step-by-Step Action Plan
- Do Not Hand Over Notes Yet: If you release notes immediately, your client can sue you for breach of confidentiality. Pause.
- Check “Supplementary Payments”: Look at your policy. Find the line item for “Deposition” or “Disciplinary Proceedings.”
- Call the “Pre-Claims” Hotline: Tell your insurer: “I have received a legal demand for protected records.”
- Notify Your Client: Tell your client (the wife) that her records have been subpoenaed. Her divorce lawyer might be the one to file the Motion to Quash, saving you the trouble.
FAQ Section
Can I charge the lawyer for my time?
Yes. In 2026, it is standard to charge an “Administrative Fee” for copying records and an hourly rate for sitting in a deposition, unless you are a fact witness in a criminal trial.
What if my notes are handwritten and messy?
Do not rewrite them. That is tampering with evidence. Scan them as-is.
Does HIPAA protect me from subpoenas?
No. A court order signed by a judge overrides HIPAA. However, a subpoena signed only by a lawyer might not. You need a lawyer to tell the difference.