Ethical and legal aspects of counseling

1. Ethical and Legal
Aspects of
Counseling

2. Introduction
• Counseling is not a value-free or neutral activity. (Cottone
and Tarvydas,2007 ; Welfel , 2010)
• All goals in counseling, "whether they are goals for symptom
relief or goals to modify a lifestyle , are subtended by value
systems” (Bergin, 1992, p.9)
• Counselors who are not clear about their values, ethics and
legal responsibilities, and those of their clients, can cause
harm despite their best intentions. (Wilcoxin et al. 2012)
• Promote well being and professionalism in counseling both
directly and indirectly.
• In some conditions, ethics and laws overlap. However the
operate through different premises.

3. Definitions
Ethics,
Morality,
&
Law

4. Ethics
• Making decisions of a moral nature about people and their interaction in
the society. (Kitchener,1986,p.306)
• Used synonymously with morality. Ethics and morality overlap. Both deal
with “what is good and bad or the study of human conduct and values.”
(Van Hoose & Kottler,1985,p.2)
• Yet each has a different meaning.
• Ethics are a philosophical discipline that is concerned with human conduct
and moral decision making. (Van Hoose & Kottler,1985,p.2)
• Ethics are normative in nature.
• Ethics focus on principles and standards that govern relationships
between individuals.

5. Morality
• Judgment or evaluation of action.
• Associated with words such as good, bad, right,
wrong , ought and should.(Grant, 1992)
• The theories counselors employ have embedded
within them moral presuppositions about human
nature that implicitly and explicitly question first-
“what should a person be or become?”
(Christopher, 1996, p.18)

6. Law
• The precise codification of governing standards that are
established to ensure legal and moral justice.(Remley and
Herlihy,2010)
• Law is created by legislation, court decision, and tradition.
• The law dictates what is legal and not what is ethical.
• Sometimes what is legal is considered as immoral by the
society.
For example- 1994 Helms- Smith Amendment to the
Elementary and Secondary Education Act(ESEA) , an
attempt to cut off funds to schools that provide counseling
to gay and lesbian students.

7. Ethics and
Counseling

8. Introduction
• Many counselors treat ethical complaints with the
same seriousness that they treat lawsuits.(Chauvin &
Remley, 1996)
• However, some counselors are better informed or
more attuned to these issues.
• Patterson(1971)- Counselor’s Professional Identity is
related their knowledge and practice of ethics.
• Welfel(2010)-Effectiveness of Counselors is connected
to their ethical knowledge and behavior as well.

9. Unethical Behavior
• It can take many forms.
• The temptations common to people everywhere exist for
counselors.
• They include physical intimacy, the titillation of gossip, or
the opportunity to advance one’s career. (Welfel & Lipsitz,
1983b,p.328) .
• Some forms are obvious and willful, whereas others are
more subtle and unintentional.
• Regardless, harmful outcome is the same.

10. The Most Prevalent Forms of Unethical Behaviors in Counseling
(American Counseling Association(ACA), 2005; Herlihy & Corey,
2006)
• Violation of confidentiality
• Exceeding one’s level of professional competency
• Negligent practice
• Claiming expertise one does not possess
• Imposing one’s values on a client
• Creating dependency in a client
• Sexual activity with a client
• Certain conflicts of interest, such as dual or multiple relationships
• Questionable financial arrangements, such as charging excessive fees
• Improper advertising
• Plagiarism

11. Association for Spiritual, Ethical and
Religious Values in Counseling
• Concerned with values and ethics of counseling
professionals.
• It regularly deals with ethical concerns.
• ASERVIC has even published ethical guidelines for
leaders in professional counseling organizations.
• It also publishes a Journal, Counseling And Value,
which contains articles on ethical situations.