Common use of Request for Documents Clause in Contracts

Request for Documents. Any request to view or obtain a copy of a client’s mental health records must be made in writing and signed and dated by the client or the client’s legal guardian. Records will be made available during regular business hours. My office charges a fee of $25 for copying a client’s records. Should the records request include a request that the records be shipped, the actual cost of shipping the records will be added to the $25 copying fee. Payment must be made by money order or cashier’s check. Personal checks will not be accepted for payment. Once payment is received, the requested records will be mailed by certified mail, return receipt requested. If a Business Records Affidavit is requested, a fee of $15 will be charged, and the Affidavit will not be signed until that fee is paid. Payment of this fee must be by certified check or money order. The client or client’s legal guardian will be responsible for the cost of the mobile notary. Within 15 days of receipt of the written records request and payment of all applicable fees, records will be provided. If it is determined that having access to the mental health records would be harmful to the client’s physical, mental, or emotional health, the request for access to records will be refused, and a written statement attesting to this will be provided. Occasionally, clinical psychologists are called to court and/or are deposed as expert witnesses. The judicial system protects experts (including clinical psychologists) from providing expert testimony (testimony that draws from their training, education, and/or professional experience) without re-numeration (i.e., without being compensated for their time). In contrast to expert witness testimony, the judicial system does not protect experts (including clinical psychologists) from being called as fact witnesses. Fact witnesses provide testimony regarding what happened and/or what facts are (an eye-witness to a car accident would be considered a fact witness). In contrast, expert witnesses provide opinions, diagnoses, etc. Because fact witness testimony can be compelled without re-numeration, I require you to agree to the following: a) if I am subpoenaed or otherwise asked by you (your attorney, your child’s attorney, or any party representing or otherwise acting on you or your child’s behalf) to provide court-related services for any reason (including testimony/deposition as a fact witness), my fees (see below) for court-related services will be paid by you (unless other arrangements have been made in advance with me or the court has ordered that the responsibility for my fees be apportioned in some other manner); and b) the scheduling of my court-related services will be done appropriately in advance, will be done in consultation with me, and will take into account any conflicting professional or personal commitments I have. As of 2011, my fees for court-related services (including phone contact with attorneys/mediators and review of records are $300/hour. There is a three-hour minimum for court testimony and depositions (i.e., when testifying or being deposed, my current minimum fee will be $900). I require a retainer equal to my three-hour minimum (currently $900) at least three business days prior to my scheduled court testimony and/or deposition. My fees are “portal to portal” (i.e., when having to travel to provide court-related services, my billable time begins when I leave the office and ends when I return to my office). My hourly rate for court-related services may increase in the future but will not exceed 3% per calendar year (i.e., my hourly rate for court-related services in 2012 will increase no more than 3% from my 2011 hourly rate). My fees for court-related services are commensurate with other clinical psychologists in the Houston metropolitan area. That said, such fees are not insubstantial and should be considered when seeking therapy or psychological evaluation services that my subsequently be used in court. Whereas I strive to be highly supportive of my clients in therapy, when testifying in court my fiduciary responsibility shifts from my clients to the court. For example, when court-ordered, I cannot refuse to answer questions from opposing counsel, I cannot provide false or otherwise misleading answers, I cannot refuse to produce therapy notes/summaries, and I cannot misrepresent my professional opinions. With the aforementioned matter in mind, my responses in court may not serve my client’s court-related goals and may irreparably damage the therapeutic relationship. If you have any questions regarding my policies or fees for court-related services, I encourage you to bring them to my attention and to the attention of your attorney. Your signature indicates that you have read the agreement, have been provided with a copy of this agreement, and have agreed to its terms.