V I RG I NI A O.

T R A N GI A I I
PRESENTER
 the body or elating to the is charged with
department execution of the trying all cases that
exercising the power laws and the involve the
and function conduct of public government and
of legislating. and national with the
affairs. administration of
justice.
 Laws governing
society originate
from two sources
Judge-made Law
Criminal, Civil, and
Administrative Law
Two major Types of law

Criminal and Civil Law

Civil Law
is composed of both federal
and state courts.
 PRIVILEGED
COMMUNICATION

•refers to a legal protection

for clients, preventing a
counselor from disclosing
confidential communication
in court without their
permission. (Herlihy &
Sheeley, 1987).
The client owns and controls the
privilege (Herlihy & Sheeley, 1987) and
can therefore determine whether a
counselor may disclose confidential
information in a court of law.

Corey et al. (2007) have identified the

following exceptions in which a client
does not own and control the privilege
and the counselor must provide
information to the court:
•Appelbaum (1993)
has identified a
number of legal
issues that have
emerged in
conjunction with
the movement
toward managed
care.
 The duty to appeal The duty to
adverse decisions The problems
disclose involves
requires a written informing clients associated with
request to the about the financial confidentiality
managed care limitations of concern the
provider to change managed care (in insurance
a decision to limit terms of payment
or decline services provider having
for therapy being access to
if the counselor stopped before the
believes that it is counselor or client personal
not in the best believes that the information that
interest of the client goals of therapy the client has
(e.g., the client is have been disclosed during
suicidal or reached).
homicidal). counseling.
Knapp (1980) defines
malpractice as an act or
omission by a counselor that is
inconsistent with reasonable
care and skill used by other
reputable counselors and that
results in injury to the client.
Keeton (1984) identifies four conditions
that must exist for malpractice to have
occurred in a counseling situation:
(1)the counselor had a duty to a client,
(2) the duty of care was not met,
(3) the client sustained an injury, and
(4)there was a close causal relationship
between the counselor’s failure to
provide reasonable care and the
resulting injury.
 accurately advertising
services, making confidentiality, seeking
advance financial
arrangements that are
clearly understood and necessary, maintaining
serve the best interest of
the client, providing
services within the
counselor’s parameters
of competency,
facilitating the client’s
informed choice of
services, avoiding dual
relationships, clearly
indicating experimental
treatment approaches
and taking appropriate
safety precautions, and
identifying the limits to
confidentiality.
maintaining being sensitive to the
client’s termination and
consultation as post-termination
concerns, initiating
termination or referral if
adequate client the client is no longer
records, taking benefiting from services,
and evaluating the
necessary action efficacy of counseling
regarding clients who services.
pose a clear and
imminent danger to
themselves or others,
and complying with
laws that relate to
reporting child abuse
and neglect.