when the client puts the counseling in issue by filing suit, the privilege is
lost. the privilege belongs to the client, not the counselor. By filing suit
with the counseling experience being the subject matter of the suit, the
privilege would be deemed waived.
A motion to the trial court for a ruling on this issue should resolve the
problem.
I would not recommend to one defending a law suit to be overly concerned
about violating a privilege, when that privilege has been deemed waived. that
does not mean that material not relevant to the litigation be disclosed.
Jim Maguire
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