Ethical and Legal Issues in Counselling
Ethical and Legal Issues in Counselling
Ethical and Legal Issues in Counselling
Counseling is founded on values and guiding views about what is desirable and how that good should be
reached. It is not a value-free or neutral activity. Counselors and clients make judgments and follow
recommendations in the therapy process based on their values. Moral principles, personal and
professional ethics, and law rule guide counselors in their decisions and deeds. Despite having the best
intentions, counselors who need to be made aware of their principles, ethics, and legal obligations, as well
as those of their clients, may endanger their clients. Therefore, counselors must be familiar with the
standards for professional therapy. Counselors who uphold ethics conduct their business with care and
insight.
Ethics of Counselling
Ethics of Counselling are sometimes clearly defined but suggest moral standards of conduct, values, and
wise decision-making. Ethics are mostly established by organizations such as the American Psychological
Association, American Counselling Association, and RCI. Ethics in Counselling are concerned with what
psychologists do that help safeguard both the client and the therapist. Some personal moral qualities that
are a part of Counselling are −
Empathy refers to the ability to understand the client's feelings from the client's viewpoint.
Integrity refers to being honest and having strong moral values.
Humility is the ability to acknowledge the weakness and limitations oneself.
Resilience refers to the ability to be being able to bounce back from stressful situations.
Competence is defined as the ability to perform one's duties efficiently.
There are five main principles of ethics in Counselling that help resolve the issues involved in a
therapeutic alliance.
Fidelity
It involves the ideas of fidelity, loyalty, and keeping promises. The ability to trust is viewed as essential to
comprehending and resolving ethical dilemmas. Adhering to this principle requires practitioners to act by
the trust that has been placed in them; work to ensure that clients' expectations have a reasonable chance
of being met; honor their agreements and promises; view confidentiality as a duty arising from the client's
trust; and limit any disclosure of confidential information about clients to furthering the purposes for
which it was originally disclosed.
Autonomy
Giving a person the freedom to decide what to do and how to accomplish it is the heart of this idea. The
importance of fostering a client's capacity for self-direction in treatment and throughout life is
emphasized by this idea. The obligation of the counselor to support clients in acting on their ideals and
making their own decisions is discussed.
When promoting customer autonomy, there are two key factors to consider. First, assist the client in
comprehending how their choices and values may or may not be seen in the light of the society in which
they live and how those choices and values may affect the rights of others. The client's capacity to make
wise and logical judgments is the second factor to consider. Even when done for the sake of society,
manipulating customers against their will is against the autonomy principle.
Beneficence
According to the beneficence principle, you should always act in your client's best interests after
conducting a thorough evaluation. Beneficence reflects the counselor's obligation to promote the client's
well-being. Said it is to act morally, to take the initiative, and to guard against damage wherever feasible.
It emphasizes operating firmly within one's expertise and rendering services under suitable education or
experience. It must utilize ongoing, frequent monitoring to raise the service's caliber and commit to
updating practice through CPD. When working with clients whose capacity for autonomy is impaired due
to immaturity, a lack of knowledge, acute distress, substantial disruption, or other significant personal
limits, the duty to act in the client's best interests may become important.
Non-maleficence
The idea of non-maleficence states that we should not damage other people. This principle, which is
sometimes stated as "above all, do no damage," is seen by some as the most important of all the others,
even if they are all equally important logically. This rule incorporates the concepts of not intentionally
injuring others and not taking acts that could damage others.
Avoiding ineptitude or malpractice and abstaining from giving services while unfit due to illness, a
personal situation, or intoxication are all examples of non-maleficence. It also includes avoiding sexual,
financial, emotional, and any other type of customer exploitation. Even when the harm to the client is
unavoidable or accidental, the practitioner must try to lessen it.
Justice
Being just and fair to every customer and respecting their human rights and dignity are requirements of
the justice principle. Justice does not imply treating everyone equally. Researchers argue that treating
people fairly means treating them fairly based on their meaningful differences rather than treating them as
equals and unequal equally. It draws attention to the need to carefully analyze any legal responsibilities
and requirements and keep an eye out for any possible inconsistencies between legal and ethical
commitments.
Practitioners are responsible for ensuring that counseling and psychotherapy services are fairly provided,
easily available, and suitable for the requirements of potential clients. If a person is to receive a different
treatment, the counselor must be able to justify why it is necessary and acceptable to do so.
A professional code of ethics refers to a set of clearly laid standards of conduct that are collectively
agreed upon by professionals. The American Counselling Association, a non-profit professional
organization founded in 1952, is the largest association of counselors in the world gave five main
purposes of the ACA code of ethics, which are discussed below −
Clarify the ethical responsibilities to the current and future members of the association and other
practitioners.
Help support the mission and vision of the association.
Establish principles that highlight the ethical behavior of the association's members and other
practitioners.
The code helps guide the members and other practitioners to construct a professional course that
serves the client's best interest.
The code is the basis for taking the ethical complaints and inquiries initiated against association
members.
Another professional organization is the Rehabilitation Council of India which adopted ethics for
Counselling in 2001 and was revised in 2006. Members registered with RCI are licensed professionals
and are responsible for further maintaining their knowledge of the field and maintaining the moral code of
conduct. The code of ethics of RCI highlight that professionals have obligations towards the public,
clients, and the profession.
Obligation to Public
The members should engage only in truthful and accurate promotion of their practice.
Be respectful and considerate of the rights of others.
Make appropriate claims about their qualification.
Ethical issues occur under particular circumstances, which is why they are relatively easy to anticipate.
Some common ethical issues that practitioners need to be careful of are −
Informed Consent − Informed consent lays the foundation of the therapeutic alliance between
the practitioner and the client. Informed consent refers to sharing information regarding the
therapeutic approach with the client, the limitations and strengths of the process, and the
outcomes of the decision made. However, the difficulty arises that even if clients are provided
with informed consent, they may need to understand the process because they have yet to
experience it fully. Hence, therapists should encourage clients to evaluate the outcomes of the
decision before giving their consent.
Termination of Therapy − After a certain period, the therapeutic alliance needs to be
terminated. The practitioner should ensure that the therapy sessions are mutually terminated by
the therapist and the client only when the therapy goals are met, and the client feels confident to
handle the situation independently. Ethical issues arise when therapy sessions are prematurely
terminated, or therapists make the clients dependent.
Online Counselling − In the present-day scenario, especially post-COVID, online Counselling
has become popular. However, Online Counselling may need more boundaries; therapists may
need to be able to establish personal contact and a proper structure in the online set-up which may
hamper the therapeutic process.
Group Therapy − Group therapy may prove to be effective, but it has ethical issues. For
example, clients may feel that in the presence of others, they may not be able to express
themselves openly, and they may feel that their privacy and confidentiality are breached. They
may also get influenced by others present.
Ethics play a crucial role in the process of Counselling. They are crucial for the following reasons −
Maintaining a professional relationship − Ethics ensure that the relationship between the
practitioner and the client is strictly professional and that transference is dealt with effectively
without hampering the process.
Confidentiality − Ethics ensure that the deepest secrets shared by the client with the therapist are
strictly confidential and not shared with anyone other than legal authorities or family members,
only when the client can potentially cause harm to themselves or others.
Professionalism − Ethics ensure that practitioners provide adequate services only in the fields
they are competent in and do not give misleading information about their qualifications.
Autonomy − Ethics ensure that the clients join the therapeutic alliance by their own will and can
withdraw whenever they feel. It also ensures that the clients can make decisions independently
without being dependent on the therapist forever.
VALUES IN COUNSELING
Certain values are considered core to counseling and are reflected and expressed in the practice of
counseling. All counselors are expected to embrace these and similar set of core values as essential
and integral to their work. These values are:
Respect for human dignity. This means that the counselor must provide a client unconditional
positive regard, compassion, non-judgmental attitude, empathy, and trust.
Partnership. A counselor has to foster partnerships with the various disciplines that come together
to support an integrated healing that encompasses various aspects such as the physical, emotional,
spiritual, and intellectual. These relationships should be of integrity, sensitivity, and openness to
ensure health, healing, and growth of clients.
Autonomy. This entails respect for confidentiality and trust in a relationship of counseling and
ensuring a safe environment that is needed for healing. It also means that healing or any advice
cannot be imposed on a client.
Responsible caring. This primarily means respecting the potential of every human being to change
and to continue learning throughout his/her life, and especially in the environment of counseling.
Personal integrity. Counselors must reflect personal integrity, honesty, and truthfulness with
clients.
Social justice. This means accepting and respecting the diversity of the clients, the diversify of
individuals, their cultures, languages, lifestyles, identities, ideologies, intellectual capacities,
personalities, and capabilities regardless of the presented issues.
From such core values, the Ethical Principles of Counseling are broadened.: The following principles
contextualize the core values in action. They form the foundation for ethical practice as expressed by
The New Zealand Association of Counselors (Ethical Principles for Counselors).
Counselors shall:
1. Act with care and respect for individual and cultural differences and the diversity of human
experience.
2. Avoid doing harm in all their professional work. Actively support the principles embodied in the
Treaty of Waitangi (a formal agreement between the British Crown and Maori signed on February
6, 1840, at Waitangi in the Bay of islands, which technically made over 500 Maori chiefs to
become a British Colony starting with the initial 43 Northland Chiefs.
3. Respect the confidences with which they are entrusted.
4. Promote the safety and well-being of individuals, families, and communities.
5. Seek to increase the range of choices and opportunities for clients.
6. Be honest and trustworthy in all their professional relationships.
7. Practice within the scope of their competence.
8. Treat colleagues and other professionals with respect.
Conflicts between values and client issues can arise in various areas, and they often pose ethical dilemmas
for professionals in fields like counseling, social work, healthcare, law, and more. Here are some common
areas where conflicts between personal or professional values and client issues may occur:
Confidentiality vs. Safety: Balancing a client's right to confidentiality with the duty to report if the client
poses a threat to themselves or others. This conflict often arises in mental health and counseling
professions.
Autonomy vs. Paternalism: Respecting a client's right to make their own decisions (autonomy) versus
intervening for their own good when they may be making harmful choices (paternalism). This dilemma
can be prevalent in healthcare, especially in situations involving informed consent.
Justice vs. Compassion: Striking a balance between enforcing rules and regulations (justice) and showing
empathy and flexibility in client cases (compassion). Social workers may face this issue when dealing
with clients entangled in legal issues.
Cultural Sensitivity vs. Professional Standards: Navigating differences in cultural values and beliefs while
upholding professional standards and ethical guidelines. This is common in cross-cultural counseling or
healthcare settings.
Truth-telling vs. Beneficence: Being honest with a client (truth-telling) while considering the potential
harm it may cause versus withholding information for the client's well-being (beneficence). Physicians,
especially in palliative care, may encounter this dilemma.
Conflicts of Interest: Balancing the client's best interests against the professional's financial or personal
interests. This issue often arises in financial advising, legal representation, and other client-oriented
professions.
Respecting Client Autonomy vs. Professional Judgment: Deciding when to defer to a client's preferences
even if they conflict with professional judgment. This can be a challenge in various fields, from education
to mental health.
Resource Allocation: When working with limited resources, deciding how to distribute them among
clients with different needs. This is common in social services, healthcare, and disaster relief contexts.
End-of-Life Decisions: Balancing a client's desires for end-of-life care with ethical and legal obligations,
especially when dealing with advanced directives and do-not-resuscitate (DNR) orders.
Client Rights vs. Organizational Policies: Upholding a client's rights while navigating conflicts with
organizational policies, such as a school's discipline procedures or a corporation's HR guidelines.
It's essential for professionals in client-oriented fields to recognize these potential conflicts, understand
their ethical codes and guidelines, and seek supervision or consultation when faced with challenging
situations to make decisions that prioritize the well-being of the client while adhering to their values and
professional standards.
Counseling is a profession that often involves navigating controversial issues and ethical dilemmas. These
controversies can have significant implications for both counselors and their clients. Here are some
controversial issues in counseling along with their implications:
Implication: Counselors must adhere to ethical guidelines that prioritize the well-being and autonomy of
clients. Engaging in or promoting conversion therapy may harm clients and can result in professional
sanctions.
Implication: Dual relationships can blur boundaries and potentially harm the therapeutic relationship.
Counselors must carefully evaluate the potential harm and benefits of any dual relationship and, if
necessary, seek consultation or supervision.
3. Religious and Spiritual Values: Clients may seek counseling that aligns with their religious or
spiritual beliefs. The controversy involves whether counselors should incorporate or respect these
values in therapy, even if they conflict with their own beliefs.
Implication: Counselors must respect clients' values and beliefs while maintaining their professional
objectivity. Striking a balance between respecting diverse worldviews and maintaining ethical boundaries
is essential.
Implication: Counselors should provide clients with accurate information about medication options,
potential benefits, and side effects. The choice to use medication should be a collaborative decision made
in the best interest of the client.
5. Child Custody Disputes: Counselors may become involved in child custody cases, providing
assessments or recommendations to courts. The controversy centers on the counselor's role in
these cases and potential bias.
Implication: Counselors must maintain neutrality and objectivity in child custody assessments, focusing
on the best interests of the child. Involvement in legal matters requires a clear understanding of the
counselor's role and responsibilities.
6. Confidentiality and Duty to Warn: Balancing the duty to maintain client confidentiality with the
responsibility to protect clients or others from harm, such as when a client expresses thoughts of
self-harm or harming others.
Implication: Counselors must carefully evaluate the seriousness of the threat, follow legal and ethical
guidelines, and inform clients of any breach of confidentiality. This involves complex decision-making
and can have legal consequences.
7. Online Counseling: The growth of online counseling and teletherapy has raised concerns about
issues like data security, the effectiveness of virtual sessions, and the scope of practice for
counselors.
Implication: Counselors must ensure they have the necessary skills and technology for online counseling
while also addressing the unique ethical issues that arise, such as protecting client privacy and
maintaining therapeutic rapport.
Implication: Counselors should continually work on improving cultural competence and self-awareness.
Failing to do so may result in harm to clients and ethical violations.
These controversial issues in counseling require counselors to navigate complex ethical, legal, and
professional considerations to ensure the well-being of their clients and maintain their own professional
integrity. Seeking supervision, consultation, and ongoing education is crucial in addressing these
challenges.
Client dependence, also known as client dependency, refers to a situation in a counseling or therapeutic
relationship where the client becomes excessively reliant on the counselor or therapist. It can manifest in
various ways and may impact the progress of therapy. Here are some signs and ways to identify client
dependence:
Frequent Contact: The client seeks frequent contact with the counselor between sessions, such as
making excessive phone calls or sending numerous emails, often for non-urgent matters.
Excessive Reliance on Counselor: The client consistently turns to the counselor for solutions to
everyday problems or relies on the counselor to make decisions for them.
Lack of Autonomy: The client has difficulty making decisions or taking actions without seeking
approval or guidance from the counselor, even for minor decisions.
Insecurity: The client expresses feelings of insecurity, inadequacy, or helplessness, particularly
when the counselor is unavailable or if the therapeutic relationship is challenged in any way.
Emotional Dependency: The client becomes emotionally dependent on the counselor, relying on
them for emotional support to the exclusion of other relationships or support networks.
Resistance to Termination: The client resists ending therapy even when it is clinically appropriate
and the client has made significant progress, fearing the loss of their connection with the
counselor.
Idealization of Counselor: The client idealizes the counselor, viewing them as a perfect or all-
knowing figure and placing unrealistic expectations on the counselor's abilities.
Boundary Violations: The client frequently tests or violates therapeutic boundaries, seeking
personal or non-professional relationships with the counselor.
Lack of Progress: Despite attending therapy for an extended period, the client shows limited
progress in addressing their issues or making changes in their life.
Negative Outcomes: The client experiences negative consequences in their personal or
professional life due to their dependence on the counselor.
Identifying client dependence is crucial in counseling because it can hinder the therapeutic process. It's
important for counselors to address client dependence in a way that promotes the client's autonomy and
growth while maintaining the therapeutic relationship. This may involve setting clear boundaries,
discussing the client's reliance on the counselor, and gradually encouraging the client to develop their
coping skills and support networks. In some cases, referral to a different therapist or specialized services
may be necessary to address the client's needs.
In the field of counseling, ethical conduct is paramount to maintaining the trust, well-being, and progress
of clients. One unethical behavior that stands in stark contrast to these principles is manipulation.
Manipulation in counseling refers to the deliberate use of deceptive or coercive tactics to control,
influence, or exploit a client for the benefit of the counselor, rather than the well-being of the client. Here
are key points to consider regarding manipulation as unethical behavior in counseling:
1. Violation of Trust: Manipulation fundamentally erodes the trust that is essential for a productive
therapeutic relationship. Clients seek counseling to receive help, guidance, and support, and they trust that
their counselor will act in their best interests. Manipulation breaches this trust.
2. Compromised Autonomy: Clients should be active participants in their therapeutic journey, making
informed decisions about their goals and treatment. Manipulation undermines a client's autonomy by
coercing them into actions or decisions they might not otherwise choose.
3. Ethical Guidelines: Leading professional counseling organizations, such as the American Counseling
Association (ACA) and the American Psychological Association (APA), have established ethical codes
that explicitly prohibit manipulation. Counselors are obligated to adhere to these guidelines to ensure the
well-being of their clients.
5. Potential Harm: Manipulative tactics can lead to harm. Clients might engage in actions or follow
advice that is not in their best interest, potentially causing emotional or psychological harm. This harm
can be long-lasting and may undermine the client's trust in counseling as a whole.
6. Breach of Boundaries: Manipulation often involves the crossing of professional and ethical boundaries.
This can manifest as dual relationships, where the counselor exploits the client's trust for personal gain, or
as other boundary violations, such as inappropriate self-disclosure.
7. Legal and Professional Consequences: Engaging in manipulative behavior in counseling may lead to
legal consequences and disciplinary action by licensing boards or professional organizations. It can result
in the revocation of a counselor's license and damage their professional reputation.
8. Alternatives to Manipulation: Ethical counseling practices prioritize empowering clients to make their
own decisions and develop coping skills. Instead of manipulating, counselors should use evidence-based
techniques, empathy, and a collaborative approach to help clients reach their therapeutic goals.
In conclusion, manipulation as unethical behavior in counseling is a clear violation of the core principles
and ethical standards that guide the profession. Counselors have a duty to act in the best interests of their
clients, maintaining their trust and autonomy. Identifying and addressing manipulative behaviors is vital
to ensure that clients receive the care and support they deserve.
Dual relationships and sexual contact in counseling are two highly sensitive and ethically charged issues
in the field of counseling and psychotherapy. Both can have serious consequences, including harm to
clients, legal ramifications, and damage to the counselor's professional reputation. Here's an explanation
of each:
1.Dual Relationships in Counseling: A dual relationship in counseling occurs when a counselor has
multiple roles or relationships with a client, beyond the therapeutic relationship. These additional roles
can include being a friend, family member, business partner, or having any other connection outside of
the therapeutic context. Dual relationships can be problematic for several reasons.
Conflict of Interest: Dual relationships can create conflicts of interest. The counselor may have a
personal or financial stake in the client's life or decisions, which can impair their objectivity and
professional judgment.
Boundary Violations: Dual relationships often involve violations of therapeutic boundaries,
which are essential for maintaining the integrity of the counseling relationship. Such boundary
violations can lead to exploitation or harm.
Lack of Objectivity: Dual relationships can compromise the counselor's ability to provide
unbiased and objective guidance to the client. The counselor may find it difficult to separate their
personal relationship from their professional one.
Client Autonomy: Clients may feel pressured or obligated to comply with the counselor's wishes
or decisions due to the dual relationship, rather than making choices in their own best interests.
In most professional codes of ethics, dual relationships are strongly discouraged, and counselors are
typically advised to avoid them whenever possible. When such relationships cannot be avoided, careful
consideration and consultation with colleagues or supervisors are essential to ensure that the client's
welfare is not compromised.
Sexual contact in the context of counseling is a serious ethical violation and is generally considered
unethical and illegal. This includes any form of sexual advances, sexual relationships, or inappropriate
sexual behavior between a counselor and a client. Here are the reasons why sexual contact in counseling
is strictly prohibited:
Exploitation and Harm: Sexual contact can lead to serious harm and emotional trauma for the
client, as it represents a severe violation of trust and power dynamics within the therapeutic
relationship.
Abuse of Power: Counselors hold a position of trust and power in the client-counselor
relationship. Engaging in a sexual relationship is a gross abuse of this power dynamic.
Ethical Violation: All major professional organizations, such as the American Counseling
Association (ACA) and the American Psychological Association (APA), have ethical guidelines
that explicitly forbid sexual contact between counselors and clients.
Legal Consequences: Engaging in sexual contact with a client is not only an ethical violation but
can also lead to legal consequences, including the loss of a counseling license and potential
criminal charges.
It is essential for counselors to maintain strict professional boundaries, adhere to ethical guidelines, and
uphold the highest standards of ethical conduct to protect the well-being of their clients. Sexual contact in
counseling is a severe ethical violation and should never occur in a professional therapeutic relationship.
Clients should feel safe, respected, and supported in the counseling environment.
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