California Law and Ethics Practice Exam

What communication protections do collaterals lack compared to clients?

1. Access to therapy records

2. Privileged communication protections

3. The right to terminate therapy

4. Confidentiality regarding shared information

The correct answer is: Privileged communication protections

Collaterals, who are individuals involved in a client’s therapy but are not the primary clients themselves, do not enjoy the same level of privileged communication protections that clients do. In therapeutic settings, privilege pertains to the legal right of clients to keep their communications with their therapist confidential from third parties. This privilege is foundational to fostering an environment of trust and openness in therapy. Clients have robust legal protections that safeguard their communications from being disclosed without their consent, ensuring that they feel secure to share sensitive personal information. Collaterals, on the other hand, do not possess this same right. Communications involving collaterals can potentially be disclosed and used in legal contexts, and therapists may also rely on information shared by collaterals in treatment decisions, which doesn’t carry the same confidentiality protections. In contrast, the other options highlight aspects that are not necessarily accurate regarding the distinctions between clients and collaterals. For instance, access to therapy records can sometimes be granted to collaterals, depending on consent from the client and the specific circumstances of the case. Both clients and collaterals might share the right to terminate therapy, as it generally depends on the therapeutic agreement rather than the status of the participant. Lastly, confidentiality regarding shared information does apply to coll