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Ethics and law in counseling
Ethics and law in counseling
Legal and Ethical issues in counseling
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In the legal system and real world, people are faced with many decisions and or situations. Most people probably do not give a second thought, or bat an eye, as to the type of decision or situation they are making or are in. The first category thought about is legality and the second is ethicality. Most people think that if it’s illegal, it’s unethical, and if it’s legal, it is ethical. This is not always the case. As shown in Counsellor at Law, sometimes these categories do not overlap as initially thought. In Counsellor at Law, George Simon was faced with a decision as to whether he should lie and make up an alibi for his client, a younger man who swore he would straighten up, so the client could lead a better life, or let him go to prison (Counsellor At Law). He chose to make up an alibi for his client, so he would not go to jail because he believed the man would stay true to his word, and he did. What Simon did was extremely illegal and nearly resulted in his disbarment as a lawyer, but Simon knew it was ethical and the right thing to do because he knew that the young man would indeed straighten up and it would not be fair for him to go to jail. At first thought, illegal yet ethical actions almost seem like an oxymoron. However, when …show more content…
They can be classified into a few different categories. Decisions/situations can be categorized into ethical and illegal, unethical and illegal, ethical and legal, and unethical and legal. Most of the behaviors are either in ethical and legal or unethical and illegal, but a select few are in the other two categories, unethical and legal or ethical and illegal. Finally, instead of looking at things through a legal/ethical or illegal/unethical perspective, they need to be looked at through all
Throughout your life, you’ll face tough decisions where you'll have to decide possibly against your ethical beliefs. Ethics don’t necessarily always have to involve law abiding. It’s rather about trusting your moral path and doing the right thing. Dori Meinert is the author of “Creating an Ethical Workplace” she explains the thought behind the never black or white decision making when it comes to businesses. Can businesses truly trust those individuals hired to steer their companies? It was mentioned that last year 41 percent of U.S. workers said they observed unethical or illegal misconduct on the job, according to the Ethics Resource Center's 2013 National Business Ethics Survey. Meinert’s article was not only eye-opening but very truthful since we’ve all been faced or witnessed unethical decision making. Once employees see individuals breaking the rules and regulations others will then think it's okay, which could result in employees leaving or major hoops for companies to jump through. When we tolerate misconduct we lower productivity and diminish the reputation of a company. Meinert mentioned that if
Ethical decision making is the process of deciding what someone believes is morally right or wrong in a situation. Our decisions may be based on our feelings and knowledge of what we believe is morally right. Sometimes, the moment or circumstance can have an impact on the decisions that we make.
Ethics is “a branch of philosophy concerned with the study of questions of right and wrong and how we ought to live” (Banks, 2013). Also it involves making moral judgments about what is right and or wrong, good or bad. In the process of everyday life, moral rules are desirable, not because they express absolute truth, but because they are generally reliable guides for normal circumstances. Ethics or moral conduct, are of major importance in the criminal justice field today. If the police force condoned unethical behavior, there would be very little, if any, justice being served. A system of rules and principles helps to guide in making difficult decisions when moral issues arise. Ethics has been shown to be a central component in decisions involving ethical dilemmas. It is “concerned with standards of conduct and with “how I ought to act”, and standards of conduct may vary among different societies” (Banks, 2013). An ethical dilemma arises only when a decision must be made that involves a conflict at the personal, interpersonal, institutional, or societal level or raises issues of moral character. Richard Hare argues that we initially use an intuitive level of moral thinking when we consider ethical dilemma. There are “six steps in analyzing an ethical dilemma and they would be as follow” (NASW, 2014):
In the case study of Gwen, there is one major problem presented. That problem is whether it is ethical for a supervisor to counsel his supervisee. I think that Gwen is going through the grieving process after learning about her mother’s condition and is in a vulnerable spot. She feels like she cannot continue her work with hospice patients because of personal feelings. Ken thinks that Gwen is a great therapist and does not want to see her give up. He also feels like he would be the most effective person to give Gwen counseling, because of their trusting relationship. I think that this would be a bad idea and could cross professional boundaries. The Ethical Guidelines for Counseling Supervisors strongly suggest against a supervisor entering in a psychotherapeutic relationship with supervisees. It is important to limit the possibilities of a dual relationship. Dual relationships can easily become unethical and present problems or possible harm to the client, which in this case is the supervisee. They can also create dependency or have unfavorable symbolic meanings. I also do not think it was a good idea that the counseling happened in the supervision sessions. This time should be spent on improving knowledge and helping clients. Spending most of the supervisor sessions working on personal problems could potentially harm the progress and well-being of the supervisee’s clients. My reaction to Ken blending the roles of supervisor and counselor is that it was not a good, professional, decision. He has entered a dual relationship with Gwen that could potentially cause harm to her or create a conflict of interest. Since Ken is Gwen’s supervisor, he has more power over the relationship than Gwen does. This power can easily be abused by Ken...
It is morally permissible to do an illegal act if the action is morally right and good. An action could be morally right and illegal at the same time, when it represents the lesser of two evils, or when the intentions of the person performing it are noble and have for goal to achieve his duty. An action can be morally right, but still illegal because in a situation where there is no good option, the lesser of two evils is the morally best option to do, even if it is illegal (Thomson 39). For example, in Dallas Buyers Club, Ron Woodroof acted rightly by choosing the lesser of two evils: sell illegal drugs to help AIDS patients feel better and live longer, instead of letting them suffer and die (Dallas Buyers Club). If he would have chosen to obey the law, a great number of AIDS patient would have suffered more and died of their illness, and he would have been guilty of not helping them according to the Harming by Omission Thesis (HOT) and the Equivalence of Evil Thesis (EET) (Mieth 17). These thesis affirm that omitting to help someone in need would be as bad as hurting the person directly. Thus, Woodroof acted in a morally permissible way even if he broke the law because he chose the lesser of two evils (Matheny 16). Also, someone can act justly e...
Ethics is the judgement and the moral actions used in interactions with cultures and society and its focus is on the client well-being. Ethics is defined by Remley and Herlihy (2010) in the counseling field as “professional behavioral and interactions” (p.4). Counselors do rely and are guide by Codes of Ethics. The role and relevance of the ethical principals, the ACA and AMHCA Code of Ethics are the base of the counseling profession. Without them this career would not have a guide on how the professionals should act and react professionally in all the different situations that are faced in this field.
HS 43 Term Paper 4 Core functions of a Substance Abuse Counselor By Roslyn Smith Introduction This paper will discuss the following 4 Core Functions of a Counselor: Case Management, Client Education, Crisis Intervention, Referral and their primary purposes. Discussion Case Management According to IC & RC, Case Management is defined as, “activities intended to bring services, agencies, resources, or people together within a planned framework of action toward the achievement of established goals.
Economic activity always has an ethical aspect. No matter what type of business is taking place there is always an aspect of ethics. A business transaction occurs when people exchange a product or service for money. If the exchange is fair then both parties benefit and therefore both parties’ interests are served. Therefore this interaction between parti...
It is important to first understand the difference between law and ethics. Ethics examines the values and actions of people. Often times there is no one right course of action when one is faced with an ethical dilemma. On the other hand, laws
When you hear the word "ethics," what is the first thing that comes to mind? Having to make the decision of doing what is right versus doing what is wrong. Some idealists say that decisions of ethics should not be conditional. However, that is not as simple as it may sound. What constitutes "right" to one person may be "wrong" to anther; what clearly distinguishes the line between right and wrong? What some may look at as being unethical does not necessarily make it illegal.
Keep in mind that the goal of sound ethical reasoning is not to reach the “right” solution but rather to rationally and systematically consider the ethical aspects of a case and to be clear about the basis on which the decision was made.
Many ethical dilemmas are philosophical in nature, an ethical issue can be described as a problem with no clear resolution. In order to solve the issue or dilemma a consensus between the parties involved must be reached. There are several reasons to come to an agreement over an ethical dilemma, it is the basis for all aspects of personal and professional dealings. Each one of us is part of a civilized society and as such it is our responsibility to be rational, honest and loyal in our dealings with others. (Alakavuklar, 2012) states that individuals make decisions for different situations in business life involving various ethical dilemmas. Each time either consciously or unconsciously individuals may follow some ethical approaches
In this part of the assignment, I will be reviewing the strengths and weaknesses that were shown when I was using counselling skills on my client. I believe that there were more strengths when I was showing counselling skills compared to the weaknesses that there were.
In my opinion, ethics give people free will to make right choices. People have free will to make choices that are governed with responsibility, accountability, and liability. We have a responsibility to perform in an ethical manner and be accountable for our choices or actions. Regardless of the circumstances and choices we make, there are consequences if we make the wrong choice. The question of whether an action or choice is ethical or not is fundamentally based on whether something is right or wrong. From an ethical standpoint, unethical choices and risky behavior can lead to increased liabilities. The liabilities result in the loss or damage sustained by a company or other party as result of an unethical and sometimes illegal decision. Although we exercise free will on a continuous basis, we are governed by the decisions we make and my belief is that the decisions we make daily do not just affect us. These decisions affect other people, such as family, friends, coworkers, instructors, neighbors, etc. The most prominent example of ethics can be recognized in the field of technology based on the growing amount of rapidly changing legislation and acts that under consideration in order to protect people from unethical practices.
Many managers and organisations make the mistake of assuming that what’s wrong is illegal and what’s legal is right and if it’s legal it must be ethical. Yet many ethical dilemmas present themselves before the decision makers where right and wrong can not be clearly identified. They involve conflict between interactive parts – “the individual against the organisation or the societ...