I am very sorry to learn about this situation.
Unfortunately, the way a subpoena works is that the opposing party can issue the subpoena, and the responding party has a duty to respond to it.
However, with records (especially mental health records), the opposing party is entitled to oppose the subpoena (it is called a "motion to quash") based on lack of relevance, and any other appropriate objections.
This motion is made after the subpoena is served, but before the documents are actually produced.
You say that both you and your wife retained counsel for this matter. You may actually have a legal malpractice claim against your attorney for failing to properly respond to this subpoena.
(The health clinic is only responsible for responding to the subpoena - and not disclosing the information if an appropriate objection is filed, in which case they hold the records pending the decision by the Court).
- Legal malpractice cases are based almost entirely on expert testimony. You must not only find an attorney to act as an expert witness regarding the standard of care for your prior lawyer (to prove the "negligence" elements of the case), but also an attorney expert (and potentially other experts) to testify regarding the underlying claim (you must prove that absent the attorney's malpractice you would have achieved a better result - often termed "the case within the case").
- Due to the complexity of these claims, I highly recommend that you retain a legal malpractice plaintiff's lawyer (also called trial attorneys). Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).
- You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Your issue would be relatively straightforward - your attorney failed to file a routine "Motion to Quash" when they should have, but I would still recommend speaking to a local malpractice lawyer.