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Ethical and Legal Aspects of
Counseling
ETHICS AND LAW
Ethics
 Are moral principles adopted by an individual or
group to provide guidance for appropriate
conduct.

Ethics codes are ideal standards set by a
professional organization
ETHICS AND LAW
Law
 Laws are rules of behaviour established by courts
or legislation that help a society operate in an
orderly fashion.

Codes of conduct are developed by professional
organizations and are the minimum standards of
behaviour that members of that profession are
held to.
CPA CODE OF ETHICS (WWW.CPA.CA)
Principle 1: Respect for dignity of persons
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Idea of individual rights; privacy, informed consent,
confidentiality
Discusses vulnerable people (includes minors)
Upholds the value of innate worth of all people, no
discrimination, all are equal. People are not to be
considered a means to an end.
Has strong implications for all aspects of psychology –
including both counselling and research.
 Principle 2: Responsible caring
 General caring, competence and self knowledge, risk/benefit
analysis, maximize benefit, minimize harm, offset/correct harm,
care of animals, extended responsibility.
CPA CODE OF ETHICS (WWW.CPA.CA)
Principle 2: Responsible caring
Clients and research participants are the
psychologist’s first priority, not employers or other
third parties
 Attend to potential for harm – always strive to
minimize and/or correct
 Emphasizes the need for competence and competent
practice – calls for self-reflection on the part of
psychologists
 Also outlines behaviour guides for the use of animals
in psychology (mostly research)
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CPA CODE OF ETHICS
 Principle
3: Integrity in relationships
Psychologists are to be open, honest and fair in dealing
with others
 Work to minimize bias and maximize objectivity in
your practice – to do this you need to understand
yourself rather than strive to be value free which is not
possible
 Avoid conflict of interest situations
 Reliance on the discipline (consult, be familiar with
discipline)
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CPA CODE OF ETHICS
Principle 4: Responsibility for Society
Goes beyond the individual to the macro level
 Develop your knowledge and use it to benefit society
 Promote the welfare of others
 Engage in interdisciplinary or cross discipline work
 Be open to feedback

ADVANTAGES OF
HAVING A CODE OF ETHICS
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Protects clients’ rights
Provides guidelines for professional
behaviors
Controls internal disagreement and
promote stability
Protects practitioners from the public
Promotes public trust toward the
profession
LIMITATIONS OF
HAVING A CODE OF ETHICS
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Too general (do not solve specific dilemmas)
Emphasizes rational objectivity, and universality
Ethical principles accepted at one time may be
considered unethical later
Insensitivity to cultural diversity
More for the practitioners than the public
COMMON TYPES OF ETHICAL DILEMMAS
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Violation of confidentiality
Role Conflict, dual roles
Exceeding one’s level of competence
Conflicts with employer or institution
Degree of dangerousness to self and others
Sexual activity with a client
Improper advertising
Imposing one’s values on a client
www.youtube.com/watch?v=D5VDOkwdh54
ETHICAL DECISION-MAKING MODELS
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In an extensive literature review regarding ethical
decision-making models, Cottone and Claus (2000)
located nine practice-based models of ethical
decision making.
Corey, Corey, and Callanan’s (2007) seven stage
model of ethical decision making appears to be the
most comprehensive yet parsimonious.
CPA’S ETHICAL DECISION MODEL
1.
2.
3.
4.
5.
6.
7.
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10.
Identify persons affected
Identify ethically relevant issues and practices
Consider how personal biases, stresses, or selfinterest might influence
Develop alternative courses of action
Analyze risks and benefits of each option
Choose course of action
Act
Evaluate
Assume responsibility for consequences
Act to prevent future occurrences
ETHICS IN SPECIFIC SITUATIONS
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School Counseling: When dilemmas occur between
the counselor and the school administration, the
counselor is responsible towards the client first and
then the school.
Marriage/Family counseling: Family members
might have conflicting goals
Multicultural counseling: Recognize and work with
cultural differences
Counseling research: Informed consent, coercion
and deception, confidentiality and privacy.
MULTIPLE RELATIONSHIPS
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Business deals or friendship
Professionals concluded that multiple relationships
should be avoided
Counselors should not socialize or do business with
present of former clients
Accepting gifts – a controversial issue
Entering into a counseling relationship with a close
friend, student, or employee.
WHEN ANOTHER COUNSELOR BEHAVES
IN AN UNETHICAL WAY
 Ethically you cannot ignore others’
unethical behavior
 Identify the problem objectively
 Apply the CPA code of ethics
 If action is needed approach the counselor
 If the counselor does not want to take action
you need to decide on the course of action
(report to CCA, College of Alberta
Psychologists (www.cap.ab.ca), or other
provincial boards).
CIVIL AND CRIMINAL LIABILITY
(CONT.)
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Ways of improving ethical conduct and
protecting oneself
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Know practice standards
Follow professional codes of ethics
Obtain liability insurance
Education
LEGAL ISSUES
IN COUNSELING MINORS
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Minors—Children under the age of 18 can enter
psychosocial treatment in following three ways
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With parental consent
Involuntarily at a parent’s insistence
By order of the juvenile court
*Informed consent must be obtained from parents