Law vs. Ethics in Counseling: Key Principles Explained

Law and Ethics in Counseling: An Overview

Ethical standards are often drafted by professional groups or associations with the main objective of guiding the conduct of their members. Ethical standards not only help to guide behavior, but also improve professionalism and establish a standard of accountability. In the United States, the AACD (American Association for Counseling and Development) and the ACA (American Counseling Association) have developed ethical standards to be used by counselors. These standards not only provide a guideline for how to deal with certain issues, but also provide a framework for gauging accountability and professionalism in the field of counseling. However, ethical standards do not offer specific answers to the real-life dilemmas that counselors face in the line of duty. In cases where ethical standards do not provide specific answers, it is the duty of counselors to seek advice from fellow practitioners, professionals, and supervisors before deciding on their next steps. At least once in almost every counselor's career, he or she may learn of a colleague's unethical conduct. It is the duty of all counselors to address any misconduct they become aware of.

Unlike ethical standards, laws are codified standards that must be adhered to. Failure to adhere to codified standards may result in legal penalties. Governing laws are generally set to guarantee moral and legal justice. In cases where ethical standards and laws conflict, the counselor must act reasonably, ensuring that no harm comes to the client. Because the penalties associated with breaking laws are typically more severe than those associated with not following ethical guidelines, counselors will often follow the law if doing so does not put the client at risk.

There are several laws linked to counseling; however, the majority of them are case laws. They include:

• Ramona v. Isabella (1993), in which the court declared that counselors have a duty of care — counselors are legally required not to act in a negligent manner.
• Tarasoff v. Board of Regents of the University of California (1976), in which the court declared that counselors have a legal obligation to warn if an identifiable individual is in danger of harm.
• Weldon v. Virginia State Board of Psychologist Examiners (1974), in which the court stated that counseling is a profession separate and distinct from psychology.
• The 1971 Iowa Law Review Note, in which counselors were legally recognized as experts and professionals.

Countertransference as an Ethical Concern

There are two types of countertransference: helpful and unhelpful (or harmful). Many modern counselors openly share their own feelings with clients and may use those feelings to understand the similarities or differences between their own experiences and those of their clients. Harmful countertransference, by contrast, occurs when a therapist or counselor shares misplaced feelings with a client, or shares feelings in order to satisfy their own psychological needs.

For instance, unhelpful countertransference can occur when a client begins acting defiant toward a counselor, who then unconsciously transfers feelings of defiance originally felt toward a parent onto the client relationship. A problem arises if the counselor reacts to the client as he or she would react to their own child — for example, by unknowingly becoming controlling. Such a reaction would negatively affect the therapeutic relationship and reinforce some of the unhealthy behaviors the client is seeking to address.

Another example of countertransference occurs when a counselor is unprepared to deal with clients who express personal beliefs or preferences that differ from their own, such as homophobic or racist remarks. If a counselor reacts to such remarks without awareness of the countertransference, he or she could further entrench the client's unhealthy thoughts and behaviors. A professional counselor or psychologist should instead try to understand the root cause of the client's damaging views and discuss that cause directly with the client.

A therapist who focuses excessively on minor details of the client's life may similarly be unaware of his or her own countertransference. A good counselor should always be alert to any form of countertransference — particularly when working with clients who have experienced the same kinds of stress or trauma that the counselor has also experienced. Countertransference may also manifest as being overly interested in a particular situation, displaying visible anger, distancing themselves from the client, or pushing clients to take action without considering the client's own wishes. A counselor or therapist must always remain neutral when treating a client, regardless of personal feelings about the situation.