Legal Issues in Counseling Hedges, Term Paper

He gears his book to the perspective of a therapist who may feel confident that he or she has been practicing ethically, but may be uncertain of the best way to deal with the law. He stresses that, merely being ethical as a therapist does not mean that the therapist can be sure that he or she can avoid litigation. The law and patient's troubled psyches can be fickle, Hedges notes from his own and colleague's personal experience. He contrasts the perspective of the current state of the law and most judges with how therapists view their practice. Above all, Hedges attitude can best be summarized with the title of one of his chapters -- practice defensively.

Hedges takes a strong stand on what he sees as intrusion by the state into the personal relationship between client and therapist, and interference of professional organizations. He believes that only if patients feel they can speak to their therapists in an unburdened fashion can they really heal under the care of a therapist. Unfortunately, the litigious climate of America has resulted in increasing scrutiny of the therapeutic relationship, particularly in matters pertaining to juveniles. However, Hedges' book is mainly practical, rather than a work of advocacy aimed at changing the legal climate of the nation. One of the most useful sections of his book is his appendix section, which contains "Model Forms for Psychotherapy Practice" for the patient to provide consent, for example, to having limited physical contact during psychotherapy or having a visitor present. Hedges stresses the need to keep records of client meetings, and also provides advice on what are crucial notes to make, in a case where a therapist may feel that litigation may become an issue, however remote the possibility might seem. Although the current state of affairs may be neither ideal nor just, all therapists must deal with it, and find ways to practice as best as they can. They must dispense quality care, yet still retain their…