Legal Question in Business Law in California

I received marital counseling from someone unlicensed but completing their degree to attain their license. Then, the information discussed was leaked to my employer and I am now facing allegations. Can I sue?


Asked on 12/14/12, 3:26 pm

3 Answers from Attorneys

Seth Wiener Law Offices of Seth W. Wiener

There might be a potential claim for invasion of privacy or malpractice against the marital counselor. Do you know who leaked the information? What allegations are you now facing? I don't see why your employer would have any legitimate interest in your marital counseling.

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Answered on 12/14/12, 3:59 pm
Terry A. Nelson Nelson & Lawless

Sounds like a lawsuit for invasion of privacy, malpractice, but you face the test of whether it is practical to do so. If the case has MERIT [reasonable likelihood of winning], VALUE [substantial recoverable damages], and COLLECTABILITY [defendant[s] with assets or insurance coverage], all of which are necessary for a successful claim and case. If serious about pursuing this, feel free to contact me to discuss the facts and issues mentioned.

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Answered on 12/14/12, 4:06 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Sure, you can sue. However, the real question here is probably what are your chances of winning the suit. I think your money damages, if successful, might be limited, and the suit might be vigorously contested. Here are a few points to discuss with an attorney or two in your area which might assist in deciding whether a suit is worth while:

First, the fact that the marriage counselor was not yet licensed, but only a student, would go a long way in rendering his or her conduct unlawfully improper and getting a verdict in your favor. However, a student is far less likely to have professional malpractice insurance or other financial resources to pay any award of damages you might win.

Next, there are certain things that a counselor, psychologist, psychiatrist, etc. is duty-bound to reveal, such as the patient's or client's threat to do someone bodily harm. I assume this is not involved here, but I do want to point out that there are legal limits to the concept of physician-patient (etc.) confidentiality.

Finally, you will have some duties to establish the facts in a way that implicates the defendant in improper conduct, including the defendant's responsibility for the leak.

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Answered on 12/14/12, 4:21 pm


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