Dual+Relationship+Legal+Considerations

Case  -- Literature Review -- Legal Considerations -- Ethical Considerations -- Ethical Decision Making Model -- LPC Interview = =

= Legal Considerations =



With most of the issues surrounding this case being more ethical than legal, there is little Georgia code to hinge Phyllis’s behavior on. [|GA Code 24-9-21] refers to the confidentiality between Phyllis and Vanessa, which Phyllis at this point has legally upheld. However, with no legal code specific to social relationships in counseling, the legal and ethical lines can begin to blur. As with sexual boundary issues, where there is a clear violation of law, there is little legal attention paid to social interactions.

Phyllis is still an active member of her community and has a right to maintain her daily behavior. The obvious problem occurs when Phyllis and Vanessa enter into a duel relationship through contact outside their professional realm. If they continue down this social path, the potential outcome is the harm to the professional relationship and any progress made therein.

If Vanessa does feel she has been harmed in any way, she does have legal avenues toward Phyllis. Blurring the boundaries of their personal and professional relationships can easily slip into unhealthy territory. If Phyllis disregards professional practices and a fails to follow generally accepted professional standards, she could breach ethical codes, causing harm to Vanessa. This could lead Vanessa to seek legal ramification in the form of a malpractice lawsuit.

To reduce the possibly of malpractice, Phyllis should address the situation with Vanessa during pretermination counseling and refer her to another counseling professional.

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