What Therapists Should Know Before a Deposition

A calm, practical guide for licensed clinicians

Purpose of this post

This companion guide expands on subpoena response basics and focuses specifically on depositions, which often feel confusing and intimidating for clinicians. This article is educational and preparatory—not legal advice. Laws vary by jurisdiction; consultation with legal counsel or your malpractice carrier is recommended.

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What Is a Deposition (Plain Language)

A deposition is a formal legal proceeding in which a therapist is questioned under oath, usually outside of a courtroom.

• Attorneys ask the questions

• A court reporter records everything said

• The testimony may later be used in court

Although depositions can feel informal, they carry the same legal weight as courtroom testimony.

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Why Depositions Feel Particularly Stressful for Clinicians

Unlike court testimony, depositions:

• Are often longer and more open-ended

• May include broad or exploratory questions

• Can feel conversational, which may lower natural boundaries

Understanding the structure helps clinicians remain grounded and professional.

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Before the Deposition: What to Clarify

1. Your Role

Confirm whether you are appearing as:

• A treating clinician (most common), or

• An expert witness (only if formally retained)

➡️ Treating clinicians provide factual, treatment-based information, not forensic opinions.

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2. Scope of Testimony

Clarify in advance:

• What topics are permitted

• Whether privilege applies

• Whether psychotherapy notes are excluded

This is typically done through consultation with counsel.

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3. Records and Materials

• Review only records you are authorized to review

• Do not bring documents unless advised

• Do not refresh memory with materials you are not permitted to reference

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During the Deposition: How to Respond Ethically

Best Practices

• Pause before answering

• Answer only the question asked

• Keep responses concise and factual

• Stay within your scope and role

It Is Appropriate to Say:

• “I don’t recall at this time.”

• “That is outside the scope of my role.”

• “I would need to review the record to answer accurately.”

These responses are ethical, professional, and protective.

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What Not to Do

• Do not speculate

• Do not guess

• Do not volunteer additional information

• Do not attempt to “help” either side

Your responsibility is accuracy, not advocacy.

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After the Deposition

• Document the date and nature of testimony

• Record what was discussed at a high level

• Note any follow-up requests

• Resume treatment focus with appropriate clinical boundaries

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Final Deposition Reminder

Depositions are not about performance.

They are about measured accuracy, ethical boundaries, and professional integrity.