Writing Homework Help

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  Being a counselor, you are entrusted with private and confidential information, some of which is protected under the counselor confidentiality agreement. This creates a safe space for the patient to express themselves. However, there might be circumstances that a judge may issue a subpoena compelling the counselor to testify about what was disclosed to them in those private sessions. There may also be instances where a counselor can be sued and have their licenses revoked for breach in that agreement or just for breach of ethics by the governing board.

           During my research for this week’s assignment, I came across an article published by The Daily News” counselor Diane. K. fountain accused of unethical behavior” (Laboe,2005). She was accused of counseling two individuals whom she knew were husband and wife. She then shared information with the wife that the husband had disclosed to her in confidence, the wife was able to use the privileged information to file for a divorce, she also continued a social relationship with the wife and even played matchmaker to her while serving as their counselor. Charges were filed against this counselor because her actions were considered to be unethical by the city board.

Matters such as this can be avoided by following the ethical guidelines set for the chosen field of counseling. “Reflect on personal morals and values, consider the consequences of your own action in the matters discussed”, (Kottler & Shephard.2015. p432). One should stay close to their moral compass because you are entrusted with the private thoughts and information that may do harm to your client and others, this must be kept in the strictest of confidence. “Ethical violations affect professional prestige across professions including counseling, counselors must participate in frequent training to enhance ethical judgment and decision-making abilities. (Omaras,2017). A counselor who is not viewed as being trustworthy can lose the respect that comes with the profession. “Avoid relationships with your clients that could reasonably impair your professional performance” (Smith,2003). When information is shared that you think should be disclosed with authorities such as law enforcement, that may need intervention to prevent harm to self and or to others. First, one should seek the counsel of piers and or the counsel of their legal team in such circumstances, though we have a duty to our clients we also have a duty to the wider public especially if it involves safety and preservation of life.

Lynette

Ethical and Legal Issues

               Legal issues that counselors are apt to address willfully and reluctantly at times coincide with ethical issues (Kottler & Shepard, 2015).  Legal and ethical issues that are applicable include an act of intended infringement on a client’s civil rights. Additionally, intentional intellectual and physical harm that is self-inflicted inclusive of harm to others, treatment authorized by a court, serving as a witness to legal proceedings, or harmful malpractice imposed on a client poses similar legal and ethical issues (Kottler & Shepard, 2015).  Court proceedings that specifically focused on the legal and ethical issues of school counselors whose clientele were minors are documented in the cases of Arnold v Board of Education of Escambia County, 1989 and Sain V. Cedar Rapids Community School District, 2001 (Stone, 2002).   The first case focused on a counselor’s volunteering information to a minor regarding pressure into abortion and the second case was regarding the suggestion that a minor was coerced into changing courses that unfortunately did not satisfy their requirements for sot after future opportunities (Stone, 2002).  In both cases, the counselor or influencer as a role of counselor posed their own ethical opinions on the minor resulting in legal infringements.

Detering Legal and Ethical Issues

Avoidance and maintenance for deterrence of legal and ethical issues are processes that have a great possibility to be managed successfully.  A counselor who is prepared with knowledge of civil law related to their specific professional focus and potential clients creates awareness for better practice parameters (Kottler & Shepard, 2015).  Additionally, knowledge of your client’s rights including informed consent and privacy rights hinder the possibilities of ethical dilemmas (Kottler & Shepard, 2015).  Knowledge of ethical codes, proper documentation, further self-education, and avoiding situations that will clearly create high risk are valuable resources to avoid legal and ethical issues (Kottler & Shepard, 2015).  A counselor should seek legal advice from a source whose primary profession is processing legal and ethical issues if they are confronted with any (Kottler & Shepard, 2015).  As counselors, the APA has constructed clear ethical guidelines that include the creation and maintenance of high integrity through a public trust for a practice that clearly shows guidance and standards (Helms and Rogers, 2015).  In addition to the APA guidelines, a counselor should maintain licensure and training on a regular basis while they are actively practicing and providing services (Helms & Rogers, 2015).