Counselling Ethics
Ethical and Legal Aspects in Counseling
Janet Smith
May 15, 2012
Abstract
Ethical decision making while necessary, can at times be challenging. This is particularly true when working with clients that have different values and worldviews. Ethical issues seldom have an easy answer, and often counselors must seek help from more experienced and knowledgeable professionals, but this is not a guarantee that the desired outcome will be achieved. The ethical aspects of counseling are based on a system of rules which have been created for a specific group of people or field of work, and were developed for the purpose of setting the standards of conduct and behavior that is to be used by these professionals. Moral principles and virtue are the root foundations on which the ethics codes were formed, and they are for the protection of both the counselor and the client. The legal aspects in counseling are usually the result of unethical behavior, or a perceived misconduct, and counselors can find themselves on trial for malpractice, or unethical behavior practice. There may be times when there are legal issues between the ethics codes and federal and/or state statutes, and even with one’s employer’s policies; and counselors are sometimes required to appear in court as witnesses in litigation cases. This paper will examine both ethical and legal issues that can affect both counselors and their clients, both in general and specialized areas of counseling.
Ethical and Legal Aspects in Counseling The first standard in the ACA's (1995) Code of Ethics reads "the primary responsibility of counselors is to respect the dignity and promote the welfare of clients [italics added]" (p. 2). This is also the same in the current and revised version of the ACA code of ethics (2005). The AACC code of ethics first standard ES1-100 reads “First, Do No Harm [italics added]” (p. 6). This is the first ethical standard in each code of ethics because it is the principle framework around
Janet Smith
May 15, 2012
Abstract
Ethical decision making while necessary, can at times be challenging. This is particularly true when working with clients that have different values and worldviews. Ethical issues seldom have an easy answer, and often counselors must seek help from more experienced and knowledgeable professionals, but this is not a guarantee that the desired outcome will be achieved. The ethical aspects of counseling are based on a system of rules which have been created for a specific group of people or field of work, and were developed for the purpose of setting the standards of conduct and behavior that is to be used by these professionals. Moral principles and virtue are the root foundations on which the ethics codes were formed, and they are for the protection of both the counselor and the client. The legal aspects in counseling are usually the result of unethical behavior, or a perceived misconduct, and counselors can find themselves on trial for malpractice, or unethical behavior practice. There may be times when there are legal issues between the ethics codes and federal and/or state statutes, and even with one’s employer’s policies; and counselors are sometimes required to appear in court as witnesses in litigation cases. This paper will examine both ethical and legal issues that can affect both counselors and their clients, both in general and specialized areas of counseling.
Ethical and Legal Aspects in Counseling The first standard in the ACA's (1995) Code of Ethics reads "the primary responsibility of counselors is to respect the dignity and promote the welfare of clients [italics added]" (p. 2). This is also the same in the current and revised version of the ACA code of ethics (2005). The AACC code of ethics first standard ES1-100 reads “First, Do No Harm [italics added]” (p. 6). This is the first ethical standard in each code of ethics because it is the principle framework around