Podcast Summary: Private Practice Startup Podcast

Episode 156: Court Letters, The Do's and The Don'ts

Hosts: Dr. Kate Campbell & Katie Lemieux
Guest: Nicole Stoller Peterson, LCSW, expert witness, child custody evaluator, and court performance coach
Release Date: October 5, 2019

Overview

This episode delves into the complexities and best practices of writing court letters as a mental health professional. Building on a prior discussion on having a solid court policy, the hosts and guest Nicole Stoller Peterson focus on the "dos and don'ts" of court letters, offering practical strategies to protect both clinicians and their clients. The conversation is rich with real-world anecdotes, actionable advice, and a strong emphasis on ethical and legal considerations.

Key Discussion Points & Insights

1. The Bench Warrant Story (02:20–04:32)

• Nicole recounts a personal story about receiving a bench warrant after being double subpoenaed:

  • She only called the District Attorney’s office and not the Public Defender.
  • The public defender requested a bench warrant in Nicole’s absence.
  • The experience was a wake-up call about the seriousness of legal compliance for therapists.

  “I still remember walking into court and … just feeling completely nauseous and thinking, oh my gosh, I don’t want to be in an orange jumpsuit… But I always think of that moment when I hear a therapist say, 'Oh if I get a subpoena, I’m just not going to go.' ... Are you above the law? Because none of us are.” (Nicole, 03:43–04:39)

  Takeaway: Always respond to subpoenas and understand your role and responsibilities in legal situations.

2. Common Mistakes in Court Letters (05:19–07:55)

• Mistake 1: Letters that are Too Long

  • Overly lengthy letters ("like a novel") can be dissected and used against the therapist.

• Mistake 2: Going Out of Scope

  • The most frequent error is making child custody recommendations as a treating therapist, which is outside a therapist’s scope, as their relationship is inherently biased.

  “The biggest question we can always ask ourselves anytime we read something that might [reach] court is, ‘Is this within my scope?’ If we just ask that every single time, it’s all going to be okay.” (Nicole, 06:40–06:56)

Action Step: Always clarify who the identified client is and your role.

3. Client Collaboration & The Risks of Letters (06:56–10:43)

• Collaborating with Clients:

  • Writing letters with clients during session increases transparency and may allow therapists to bill for the time.
  • Serves as a review of progress and goals.

• Risks of Letters ("Pandora’s Box"):

  • Once a letter enters the legal system, it can open up review of the entire client record.
  • Teens, in particular, may not understand that giving consent in court means disclosing all records, not just the contents of a letter.

  “It may not be in your best interest to have this letter... once you open that door in court, they can ask about anything.” (Nicole, 07:55–09:30)

Advice: Thoroughly discuss the potential consequences of releasing any documentation with clients.

4. Formatting Letters for Communication (10:43–11:45)

• Recommended format:

  • Keep letters to one and a half pages maximum, ideally with bullet points for clarity.
  • Avoid therapeutic jargon—write plainly and accessibly.
  • Break up dense text to enhance readability.

  “I am spacing things out. I’m bulleting them, and I’m making them really clear. And I’m not using a bunch of therapeutic jargon.” (Nicole, 09:50–10:43)

5. Do's when Writing Court Letters (13:19–16:27)

• Have a Court Policy:

  • Define in your policies whether you write court letters.
  • If on a court-approved list, expect to write letters.

• Clarify the Purpose:

  • Ask clients about the intended use of the letter.

• Review by Colleagues:

  • Get feedback from peers before submitting letters to avoid excessive length or improper content.

• Be Precise:

  • Judges and legal professionals value directness and succinctness—think “PowerPoint,” not “War and Peace.”

  “If you ever get a text from me, I literally will space it out. I space everything out because otherwise people don’t read the middle.” (Nicole, 09:50–10:43)
  “Anytime something that we do can help keep a kid safe… it’s amazing … when we stay within scope and we do our jobs well, how helpful we can actually be.” (Nicole, 16:06–16:27)

6. Don'ts when Writing Court Letters (22:34–30:11)

• Don’t Provide Opinions:

  • As treating therapists, only present observed facts, not personal assessments or recommendations.
  • Never make custody recommendations unless you’re assigned as an evaluator.

  “Opinion is probably the biggest don’t … we can only talk about what we saw, what we heard, what we know.” (Nicole, 22:39–23:29)

• Don’t Underestimate the Letter’s Weight:

  • Treat any letter as if it is legal testimony; you may be cross-examined on its content.

• Don’t Ignore Bias:

  • Clearly state your role and potential bias in any court communication; don’t let legal teams “double dip” your expertise.

  “Don’t think that your letter is not considered testimony. So be careful. Consider that it’s basically testifying without being in person.” (Nicole, 24:59–26:21)

• Don’t Forget Your Scope:

  • Continually check that actions and words align with your scope of practice and licensure.

• Avoid Being Cornered:

  • If attorneys push for opinions on the stand, insist on your role as a fact witness.

  “Your response is going to be, ‘I am testifying here today as a fact witness. I am biased. This is my client. I’m unable to provide any opinions.’” (Nicole, 29:05–30:11)

7. Professional and Business Growth through Good Practice (30:41–31:57)

• Demonstrating competence and clear boundaries in court increases professional reputation and referrals.
• Nicole shares positive stories of therapists she coached successfully navigating intimidating legal encounters—leading to professional growth and confidence.

8. Key Takeaways & Resources (32:01–34:28)

• Always assume any letter might end up in court.
• Have your letters reviewed and read them aloud.
• Get clear on your scope and stick to it.
• Utilize Nicole’s free and paid resources:
  • Free: Do’s and Don’ts of Court-Related Letters (available on therapistcourtprep.com)
  • Paid: Copy-and-paste court policy, stress-free court guide, prep worksheets, and an online court preparation course

“Anytime that you write a court-related letter or any letter, just to assume it’s going to end up in court and read it out loud and have somebody review and just be careful.” (Nicole, 32:01–32:47)

Notable Quotes & Memorable Moments

• On the anxiety of a legal misstep:

  “I still remember walking into court... just feeling completely nauseous and thinking, oh my gosh, I don’t want to be in an orange jumpsuit.” (Nicole, 03:43–04:39)

• On writing with boundaries:

  “I’m here testifying today as a percipient witness. I am not able to provide an opinion… I am biased. This is my client.” (Nicole, 29:05–30:11)

• On professionalism and business growth:

  “Our name is our brand… if we do take a little bit of time in this area, it can really circle back to more business, better business, good branding. People know that we’re reliable, that we’re not going to get pushed into a corner.” (Nicole, 30:41–31:57)

Timestamps for Important Segments

• Bench Warrant Story: 02:20–04:32
• Common Letter Mistakes: 05:19–07:55
• Collaborative Letter Writing & Legal Risks: 06:56–10:43
• Effective Formatting: 10:43–11:45
• Do’s of Court Letters: 13:19–16:27
• Don’ts & Avoiding Trouble: 22:34–30:11
• Growing Confidence & Professionalism: 30:41–31:57
• Key Takeaways & Resources: 32:01–34:28

Final Takeaways

• Always work within your scope.
• Be thorough, concise, and factual in all court communications.
• Treat every letter as potential testimony.
• Seek support—policies, peer review, and expert resources will protect both you and your clients.

Resources Mentioned

• therapistcourtprep.com: Nicole’s free Do’s and Don’ts, copy-ready court policy, and court preparation materials.

For more guidance on court letters and legal documentation, revisit this episode and Nicole’s website for templates and best practices to safeguard both your practice and clients.