Help! My client wants to record our sessions

Technology keeps creeping into therapy rooms. First it was phone interruptions, then telehealth glitches. Now therapists face a new curveball: ‘Can I record our session?‘ 

The request can blindside you. Why do they want this? What will they do with the recording? Is it even legal? How should you respond? 

Let’s break down why clients make this request and how you can handle it thoughtfully to protect both the therapeutic relationship and your professional responsibilities. 

Important note: Consult a legal professional!

This blog post isn’t written by a lawyer, nor is it legal advice; we’re just exploring this relatively new phenomenon and how you can react. It’s essential to consult with an attorney who specializes in mental health law in your jurisdiction to ensure you’re complying with all applicable laws and regulations regarding the recording of therapy sessions.

Why are clients asking to record therapy sessions?

Understanding the why behind the request is your first, most crucial step. It’s rarely a simple whim; there’s usually an underlying need or motivation.  

Perhaps the most frequent reason is a genuine desire to review and reinforce what happens in the session. Clients often feel they miss important insights or want to revisit a powerful moment or a specific technique later in the week. Remembering details can be especially difficult for those dealing with attention issues, trauma, or cognitive challenges, and recording feels like a safety net. This ties into a desire for deeper processing; therapy is intense, and revisiting  the conversation  when they’re in a different headspace can help them absorb the content more slowly. 

Then there’s the AI angle. We’re hearing more about tools that can transcribe and “analyze” therapy sessions. A client might be curious, hoping an AI tool can offer extra insights or track their progress. This brings a whole new layer of complexity regarding data privacy and the very nature of therapeutic analysis. Alternatively, some clients share on social media platforms. 

Related to this, though perhaps more concerning, is the possibility of corporate data collection. Some companies are exploring ways to gather therapy data for training AI or research, sometimes offering clients small payments. This practice was reported by psychotherapist Lynne Spevack, who reached out to Clear Health Costs about the issue, prompting this article. 

Other motivations can be more personal. A client might want to share the session with a partner or family member, often with good intentions like helping them understand their mental health struggles. But this also raises significant confidentiality concerns. In rarer, more troubling cases, a recording might be sought as “evidence” in a dispute.  

 While less common, a request to record could subtly be a way for a client to test boundaries or explore the nature of the therapeutic relationship. 

Occasionally, clients may be involved in research studies or seeking to use their sessions for training purposes (e.g., for aspiring therapists or for their own personal development as a speaker or communicator). 

Finally, consider safety and trust. For clients with a history of trauma or mistrust, recording might feel like a way to maintain control. It could also signal underlying issues in the therapeutic alliance – perhaps they don’t fully trust you or the process yet. Sometimes, people come back to therapy after a break caused by a bad experience, and they want proof or validation in case they get hurt again. 

Your first move: Get curious, not defensive

You have options, and navigating this requires a thoughtful approach. Some studies have shown benefits to recording therapy sessions and sharing with clients, so it’s worth considering. Start by acknowledging and validating your client’s request. Don’t dismiss it out of hand. A simple acknowledgement can go a long way. “Thank you for sharing this with me. I appreciate you being open about what you’re hoping to achieve.”  Approach it with curiosity and care. Some therapists can find teachable moments in difficult situations like these by asking the client what they hope to achieve by recording their session. 

Listening to their answer gives you vital information. It helps you understand their needs, assess potential risks, and shows them that you’re taking their request seriously, even if you ultimately can’t agree to it. 

Then, pause and reflect. Don’t feel pressured to give an immediate answer. It’s okay to say you need time to consider the request. “This is something I want to think about carefully. Let me take some time to consider the implications.”  

Next, gently educate your client about the legal and ethical considerations. You don’t need to launch into a formal lecture, but a brief explanation can be helpful. “I want to be sure I’m following all the ethical guidelines and legal requirements to protect your privacy. Recording sessions requires careful consideration to ensure confidentiality.”   

Now, you need to decide: will you accept the request, refuse it, or offer an alternative?

Considering “yes”? Tread carefully

Allowing recordings isn’t a simple “sure, go ahead.” If you’re even considering it, you need to think through a lot of factors.  

First, how does the idea of being recorded make you feel? It’s perfectly valid to have reservations about being recorded, and you shouldn’t feel pressured to do something that makes you uneasy. The knowledge of being recorded could also potentially alter the dynamic in the session, affecting how both of you behave and communicate. 

Consider, too, the impact on therapy itself. Will being “on the record” change how your client shows up? They might hold back, perform, or become less vulnerable, undermining the very safety the space needs. 

Confidentiality is paramount. HIPAA (in the US) and similar regulations in other countries are designed to protect client confidentiality. Recording a session without proper consent or without taking precautions to maintain confidentiality can have serious legal and ethical consequences. This Wired article highlights how virtual medical provider Confidant Health records were accidentally exposed in a publicly accessible database. As security researcher Jeremiah Fowler puts it in the article, “It’s almost like having your deepest darkest secrets that you’ve told your diary revealed, and it’s things that you never want to get out.”  

Your professional liability is also a key concern. If a recording is compromised (lost, stolen, accessed inappropriately), you could face legal challenges.  Consult with your supervisor, professional association, and/or a lawyer familiar with mental health law before ever agreeing to be recorded. For many therapists, the risks and complications simply outweigh any potential benefits, leading them to a “no.” 

If you agree to having your therapy sessions recorded, you must formalize it. Have your client sign a written consent form that specifically outlines how the recording will be used, who will have access to it, and how it will be stored.  This should be drafted by legal counsel or adapted from a reputable template. Discuss the security measures in place to protect the recording, such as encryption and secure cloud storage. Reiterate that the recording is only for the client’s personal review and never for sharing, whether it’s with family or social media. It must address what happens if therapy ends and explicitly state the risks. 

Saying “no” with kindness and empathy 

If you decide not to allow having your sessions recorded, be kind and direct. Don’t beat around the bush – be empathetic. You can refuse their request to record sessions while still recognizing the underlying need driving it. 

Then, you can state your policy clearly but gently: “My policy is not to allow recordings of our sessions,” or “For reasons related to confidentiality and ensuring this remains a uniquely safe space, I don’t permit recordings.” 

It can be helpful to offer a brief rationale centered on protecting the therapeutic space. “The power of our work often comes from the spontaneity and vulnerability that a private, unrecorded space allows. I want to protect that for both of us,” or “Maintaining strict confidentiality is my highest priority, and recordings can introduce risks I’m not comfortable with.”  

Finally, you can reiterate your commitment to them and the work: “This isn’t about not trusting you; it’s about safeguarding the unique environment we build here together.” 

It can be hard to say no, especially when your job centers around empathy, but it can be healthier for you and your clients. You could also ask your supervisor how to proceed, check your practice policy, or browse forums for therapists (or social media groups) to see how they’ve dealt with recording requests without upsetting clients. 

Offer alternatives 

Saying “no” is often much easier when you can offer a “yes” to something else – something that meets their need without compromising the integrity or safety of the therapy.  

You could recommend dedicating the last few minutes of each session for them to jot down key insights or feelings, as Ryan Howes PhD, ABPP, suggests in this Psychology Today article. Perhaps you can collaborate on a brief summary of takeaways or action steps. Encouraging therapeutic journaling immediately after sessions could be another way to capture fresh thoughts. 

You might also help them identify one or two concrete things to focus on before the next meeting, writing those down together.  

You can remind them (if appropriate) that you keep notes to maintain continuity, ensuring key themes aren’t lost.  

While it requires caution, some therapists might permit a client to record a very brief audio note in their own voice at the very end, summarizing their main takeaway – this is less risky than recording the whole session but still needs clear boundaries. The goal is to find a supportive compromise. 

Be proactive: Update your policies 

The best time to think about this is before a client asks. Review your informed consent paperwork and practice policies. Consider adding a clear, concise statement about your stance on recording sessions. This sets expectations from the beginning and gives you a firm foundation to stand on if the request comes up. 

Trust your own judgment 

Ultimately, navigating this request comes down to your clinical judgment, ethical understanding, and commitment to creating a safe and effective therapeutic environment. Remember, you have the right to prioritize your professional integrity. It’s okay to feel uncertain, and it’s wise to seek consultation.  

By understanding the motivations, weighing the risks, and communicating clearly and compassionately, you can handle this modern-day dilemma in a way that protects your clients, your practice, and the invaluable work you do together.