Private Practice Startup Podcast

Episode 155: How to CYA Your Private Practice with a Court Policy

Air Date: September 28, 2019
Hosts: Dr. Kate Campbell (absent this episode), Katie Lemieux
Guest: Nicole Stoller Peterson – Expert Witness, Child Custody Evaluator, Court Performance Coach

Episode Overview

In this episode, co-host Katie Lemieux interviews Nicole Stoller Peterson about the importance of implementing a clear court policy in private practice to "CYA" (cover your assets/assure compliance). Nicole breaks down what a court policy is, why every therapist needs one, and how it can safeguard both practitioners and clients when court matters arise. Drawing from personal experience and her expertise, Nicole gives practical, actionable advice for therapists who dread legal involvement or feel unprepared for subpoenas and courtroom processes.

Key Discussion Points and Insights

1. Nicole’s Background & Why Court Policies Matter

• Nicole’s Journey: After “bombing” her first court testimony ("I could just crawl away and cry in a corner somewhere, or I could go back and learn." – Nicole, 03:49), Nicole dedicated herself to understanding the court process for therapists, eventually working as an expert witness and helping others prepare.
• Community Need: Most therapists fear or avoid court involvement. Nicole noticed that, “Therapists really struggled with court...would ignore it and just would say, ‘I’m just not going to think about it, or...not worry about it. I have malpractice.’” (04:25)

2. What Is a Court Policy, and Why Do Therapists Need One?

• Boundary Setting: A court policy is a written, clear statement provided at intake that outlines what the therapist can and cannot do regarding court involvement, what’s in/out of scope, fees, and expectations.
• Proactive Protection: Nicole analogizes, “We have car insurance, we have malpractice insurance. So why wouldn’t we have something in place...that helps send some protection forward? It’s a boundary.” (06:43)
• Informed Consent: Incorporate the court policy as part of initial informed consent to avoid surprises later.

3. What Should Go Into a Court Policy?

• Do It at Intake: “The biggest piece to remember is to do it at the beginning, to do it at intake. And I really think it’s a form of our informed consent.” (10:57)
• State Clear Scope: Explicitly explain to clients if you provide court letters/testimony, what your rates are, and—most importantly—what you will not do (e.g., make custody recommendations).
• Fees: State flat, reasonable rates for court time that reflect missed client hours and preparation—not exorbitant “deterrent fees.”
• Reminder Tool: Court policies protect both therapist and client—having the document signed allows for neutral, non-confrontational reminders if court goes forward.

4. Dos and Don'ts: Fees & Court Attendance

• No Deterrent Pricing: Charging extreme fees (e.g., $10,000) to avoid court is unethical and could backfire in front of a judge (“How did you come up with this number?...Well, I just didn’t want to come to court.” – Nicole, 17:16).
• How to Set Fees Appropriately:
  • Base the fee on your highest hourly cash rate, multiplied by the number of hours/days lost.
  • Reasonably estimate prep time.
  • Stand by your number: “You have to be able to answer for it.” (20:46)
  • Avoid being “on call”—set specific dates if possible. “Being on call is probably the most disruptive.” (18:36)
• Payment Collection: Nicole requires full payment (preferably cashier’s check) 7 days prior to court (25:08).

5. The Reality of Ignoring Subpoenas

• Never Ignore: Failing to show up can result in a bench warrant—Nicole shares she had one during her agency days due to bad advice (19:36).
• Prepare to Appear: Always respond to subpoenas and make plans for appearances as required.

6. Protecting Confidentiality and Handling Consents

• When Subpoenaed: Typically, clients waive privilege by putting you on their witness list. If not, you must invoke privilege but still appear.
• Complicated Cases: With minors or couples, be clear about requiring appropriate consents before any release of information.
  • “Anytime I get that request for court, I not only send them the court policy, I just automatically send them a consent form to release of information.” (24:12)

7. The Power of Systems and Transparency

• Boundary ≠ Barrier: A court policy doesn’t block needed involvement; it creates transparency, trust, and professional boundaries from the start.
• The Takeaway: “Whatever you do, last thought is you have to have one. You cannot, cannot not have one. It sets boundaries. It’s healthy. It’s good for your practice, it’s good for your clients.” (25:49)

Notable Quotes & Memorable Moments

• On the Therapist’s Emotional Hurdle: “For a lot of us, it’s going to be our ego...what would it mean to not do an amazing job at something? And a lot of therapists really hide from this area.”
  — Nicole (04:06)
• On Being Prepared: “Preparation, preparation, preparation.”
  — Nicole (09:49)
• On Policy as Conversation Starter: “Paperwork creates a conversation and it creates a conversation around a relationship that we’re about to have. And it helps set the boundaries, the guidelines and the expectations.”
  — Katie (09:53)
• On Handling Fees: “You have to be able to answer in court how you spent that money, because fees are such a huge piece of court, they come up so often. And if they feel like you’re taking advantage...”
  — Nicole (17:47)
• On Ignoring Subpoenas: “Someday you’re going to get pulled over and find out, surprise. You have a bench [warrant]...they're going to hook you, you're going to get a new set of bracelets and you're, you're going to go have a little time out..."
  — Nicole (19:33)
• On Writing Your Own Policy: “You can buy mine...and copy and paste it, make it into your own. But I do believe all of you can write your own. It’s just something that therapists don’t like very much...But whatever you do, you have to have one!”
  — Nicole (25:49)

Segment Timestamps

• 03:49 – Nicole’s first court experience and how it shaped her career
• 06:23 – Importance of policies as boundaries and protection
• 09:53 – Paperwork as conversation and relationship builder
• 10:57 – Court policy content and the importance of intake
• 16:24 – Discussion on fees, deterrent pricing, and how to set rates appropriately
• 19:33 – Consequences of ignoring court orders (bench warrant anecdote)
• 22:01 – Documentation: Why you can’t just say “I don’t go to court”
• 23:12 – Handling confidentiality and consents in court situations
• 25:08 – When and how to collect payment for court time
• 25:49 – Final thoughts: every therapist MUST have a court policy

Practical Takeaways

• Implement a written court policy in your intake paperwork, reviewed and signed by every client.
• State clearly what you will and won’t do for court involvement, including fees, scope, and boundaries.
• Base court-related fees on your actual lost earnings—not arbitrary, inflated “deterrent” rates.
• Never ignore a subpoena. Arrive prepared, and know your rights and responsibilities.
• Have systems in place for confidentiality, consent, and communication regarding court involvement.

For Further Learning

• Nicole’s therapist-focused court prep resources: Therapist Court Prep
• Private Practice Startup’s attorney-approved paperwork and resources

Next Episode Teaser: Nicole will return to discuss writing court letters—what to include, what to avoid, and how to keep your practice safe.

This summary was created for busy therapists seeking to protect their practices with smart, proactive policies. For more, visit www.privatepracticestartup.com.