When my case was being investigated I spoke to several counsellors who were more than aware of this and intentionally either took less notes or none at all.
If you can only access free therapy and aren’t able to shop around then you might have less luck, but to be fair you probably won’t make it to the top of the waiting list before it goes to trial anyway depending on where you are.
I would suggests what’s needed is for an independent team consisting of therapist and judge to review any requested notes, have them anonymised and then determine if they could be relevant to the case. It would enable a fair trial for the defendant without the need for blanket discovery leading to irrelevant personal info entering the public domain. Of course that costs money so is never going to happen.
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When my case was being investigated I spoke to several counsellors who were more than aware of this and intentionally either took less notes or none at all.
If you can only access free therapy and aren’t able to shop around then you might have less luck, but to be fair you probably won’t make it to the top of the waiting list before it goes to trial anyway depending on where you are.
I would suggests what’s needed is for an independent team consisting of therapist and judge to review any requested notes, have them anonymised and then determine if they could be relevant to the case. It would enable a fair trial for the defendant without the need for blanket discovery leading to irrelevant personal info entering the public domain. Of course that costs money so is never going to happen.