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Legally Mandated Confidentiality counselling
Although any professional counselling organization may set standard for confidentiality in counselling to guide the behaviour of its members. This does not mean counsellors are protected from subpoena if a court of law desires to know what was discuss to know what was discussed In a counselling interaction (Shertizer and Stone 1980). Only when common or statutory law grants privileged communication to the counselling relationship are counsellors protected form prosecution for with holding information that was acquired through the counselling process. A primary purpose of such laws is to prevent the disclosure of information by a counsellor that would, in effect, place a client in the position of testifying against him or herself. Another purpose of privileged communication iaws is to protect the counsellor from legal action for maintaining a professionally mandated confidence.

Most states in the United States have extended privileged communication to licensed psychiatrists and psychologists; only a few have extended the privilege to credentiaied school psychologists and school counsellors. In the absence of legislated privilege, a counsellor can be compelled to provide testimony about a client or face the threat of court action against him or herself.
In instance where privileged communications is legislated, the client is said to be the holder of the privilege. Both the client and the counsellor may claim the privilege, however, only the client may waive the privilege and authorized disclosure by the counsellor. In most cases, punitive action can be taken by the state or client against a counsellor who breaks the privilege. A privileged communications can be one that was obtained by examination as well as by verbal disclosure.