ABSTRACT
More than ever, the therapist must retain in the cadre of consultants an attorney with expertise in therapy-practice law. Clients are more likely to litigate than in the past; therapists are more likely to be requested to testify in a trial, have their records subpoenaed, or be held accountable for certain of their clients’ behaviors. This chapter highlights some of the most common and confusing legal issues therapists may face. This confusion arises from multiple causes: the courts are attempting to interpret existing laws governing therapeutic practice; professional societies are attempting to formulate guidelines for ethical practice at least in part based on legal decisions; and individual therapists are attempting to apply a general law to specific situations and to balance their interpretation of laws and guidelines with their therapeutic instincts that may conflict with these. The second part of the chapter focuses on ways you can protect yourself against liability even in the midst of ever-changing legal guidelines and decisions.
