ETHICAL AND LEGAL

ISSUES IN COUNSELING
AND GUIDANCE
 Focus Question-1

 What are the functions of ethic codes in the

counseling and guidance field?

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 Focus Question-2

 Please, explain and give examples to the

concepts such as ‘confidentiality’ and
‘privileged communication’.

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 Focus Question-3

 Please, explain and give examples to the

relationship between ‘ethic codes’ and ‘law’.

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 THE NATURE OF ETHICS
• A code of ethics represents the values of a
profession translated into standards of conduct
for the membership.
• A code of ethics provides structure or guidelines
for a profession’s membership to follow in
professional practice and also for the public to
anticipate in interactions with the profession and
its membership.

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 THE NATURE OF ETHICS
• For counselors at least two basic statements of
ethical practice and behavior apply to work in
the profession: (a) ACA Code of Ethics, and (b)
Ethical Principles of Psychologists and Code of
Conduct of American Psychological Association.
• The members of these associations are
expected to follow these codes of ethics and
professional standards. Failure to abide by these
standards may result in expulsion from the
profession.
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 ETHICAL ISSUES
1) Competence

• The ethical issue of competence begins when the

counselor accepts a position as a professional
counselor.
• Counselors should not apply for positions in
which they are not qualified.
• On the job, the counselor is responsible for
professionally to practice within his or her
limitations.

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 ETHICAL ISSUES
1) Competence
• Although competence is often difficult to
determine, training and experience can provide
useful guidelines in indicating what we are
qualified to do.
• Consultation with supervisors or more
experienced colleagues can help identify the
limits of one’s professional competence.

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 ETHICAL ISSUES
1) Competence
• It is the responsibility of the counselor to
continuously update his or her competence
through participation in various professional
education opportunities, reading professional
literature, and attending professional meetings.
• When counselors determine that a client’s needs
may be beyond their competencies, they should
promptly arrange for an appropriate referral.

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 ETHICAL ISSUES
2) Confidentiality and Privileged
Communication
• Trust is an essential cornerstone in the
counseling relationship and central to the
development and maintenance of trust is the
principle of confidentiality.
• In distinguishing between confidentiality and
privileged communication, it is important to
remember that confidentiality is primarily an
ethical concept whereas privileged
communication is a legal concept.
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 ETHICAL ISSUES
2) Confidentiality and Privileged
Communication
• Confidentiality may be viewed as an ethical
responsibility that requires the professional
counselor to protect and withhold from others
the information shared with the assumption to
privacy by a client during the counseling
process.
• The only exception to this ethical mandate may
occur when legal action takes precedence over
the ethical standard.
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 ETHICAL ISSUES
2) Confidentiality and Privileged
Communication
• Legally, counselors are required to breach
confidentiality to protect the life of a third party.
• Some of the exemptions to the ethical principle
of confidentiality are:
– The client is a danger to self or others,
– A court orders release of information,
– Clients are below the age of 18,
– The counselor has reason to suspect child abuse,
– The counselor is receiving systematic clinical
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supervision.
 ETHICAL ISSUES
3) Personal Relationships with Client
• In examining the personal relationships between
counselor and their clients, professional
organizations have sought to define the ethical
limits of the professional relationship.
• A major concern of the mental health
professions, in this regard, has been the sexual
exploitation of clients by their therapists.
• Counselors who engage in sexual relations with
clients are at risk for lawsuit, loss of license, and
possible criminal charges.
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 ETHICAL ISSUES
3) Personal Relationships with Client
• In addition, relationships with clients that may
impair the counselor’s professional judgments or
the client’s responses must be avoided. This
means avoiding counseling relationships with
relatives, close friends, and employers.
• Counselors must avoid exploiting clients for
financial gain, social status, research data, or
other motives.

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 THE COUNSELOR AND THE LAW

• Many services that counselors must provide in

community agency settings are also specified by
law. Most states have enacted legislation that
provides a legal basis for those who may
practice or designate themselves as counselors.
• Counselors should be aware of certain
occupational hazards that could lead to criminal
liability.

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 THE COUNSELOR AND THE LAW

• In some cases, the counselor may unwittingly

risk criminal liability.
• Examples might occur in the following
circumstances:
– Being aware, but not reporting, an anticipated criminal
act,
– Contributing to the delinquency of a minor,
– Engaging in sexual misconduct
– Failure to report suspected child abuse.
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 THE COUNSELOR AND THE LAW

• Counselors in all settings cannot afford to

be legally ignorant. They must understand
the law and its implication in arenas of
counselor concern and function.

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