Psychologists may object to being placed in situations in which they must divulge confidential information and may claim that the psychologist-client relationship is a confidential one. However, this objection holds little weight when the client has signed a proper waiver or a court orders the psychologist to testify or produce documents....
Ultimately, if all else fails and the psychologist is required to testify by a judge's court order, the psychologist may attempt to only answer questions that pertain to the facts of the case that have already been considered and documented in the client's chart. The client's attorney should be coached regarding this. As for the defending, opposing attorney (cross examiner), there is little that can be controlled in terms of the line of questioning. However, the psychologist is advised whenever possible to resist offering opinions about new documents, findings previously unknown to the psychologist, hypothetical situations, and judgments about other practitioners' reports. The psychologist should state the reasons for not offering these opinions, such as the reasons offered in the present article. If a judge is presiding over testimony, the judge may override the psychologist's resistance by compelling the production of the requested opinions. However, at least the psychologist will have made a good faith effort to protect the client and to follow ethical and professional guidelines.
