Unit II – The Ethical Issues in Groups Student’s Guide

4. Legal Safeguards

CHAPTER IV: LEGAL SAFEGUARDS

The key to avoiding a malpractice suit is to maintain reasonable, ordinary, and prudent practices.
The group leader guidelines that follow are useful in translating the terms reasonable, ordinary,
and prudent into concrete actions.
1. Take time and exercise care in screening candidates for a group experience.
2. Give the potential members of your groups enough information to make informed choices
about group participation, and do not mystify the group process. Develop written informed
consent procedures at the outset of a group, and make sure that you review this information
with the members. Doing this will go a long way toward building a trusting climate.
3. Obtain written parental or guardian consent when counseling minors in groups. This is
generally a good practice even if not required by state law. However, know that if a parent
or guardian denies this consent, the minor will not be able to participate in the counseling
group.
4. Keep records of group sessions in compliance with codes of ethics and institutional policies.
Keep relevant notes on each group member and each group session, especially if there are
any concerns about a particular member.
5. Be aware of those situations in which you legally must break confidentiality. Explain to
members the limits of confidentiality, such as when it must be breached.
6. Restrict your scope of practice to client populations for which you are prepared by virtue
of your education, training, and experience.
7. Be aware of the state laws and the ethical guidelines of various professional organizations
that limit your practice, as well as the policies of the agency for which you work. Inform
members about these policies, and practice within the boundaries of these laws and
policies.
8. Make it a practice to consult with colleagues or clinical supervisors whenever there is a
potential ethical, legal, or clinical concern. Clearly document the nature of the
consultation.
9. Have a clear standard of care that can be applied to your services, and communicate this
standard to the members. The best safeguard against legal liability is to practice good client
care.
10. Document reasons for a group member’s termination and any referrals or
recommendations given.
11. Do not promise the members of your group anything you cannot deliver. Help them realize
that their degree of effort and commitment are the key factors in determining the outcomes
of the group experience.
12. Do not engage in sexual relationships with either current or former group members.
13. Make it a practice to assess the general progress of a group, and teach members how to
evaluate their individual progress toward their own goals.
14. If you work for an agency or institution, have a contract that specifies the employer’s legal
liability for your professional functioning.
15. Learn how to assess and intervene in cases in which group participants pose a threat to
themselves or others, and be sure to document actions taken.
16. Recognize when it is appropriate to refer a group member for another form of treatment.

1
Unit II – The Ethical Issues in Groups Student’s Guide
4. Legal Safeguards

17. Remain alert to the ways your personal reactions might inhibit the group process, and
monitor your countertransference.
18. Be careful of meeting your own needs at the expense of the members of your group. 19.
Incorporate established ethical standards in your practice of group work. Following the
spirit of the ethics codes of your professional organization is important.
19. The best way to protect yourself from a malpractice suit is to take preventive measures,
such as not practicing outside the boundaries of your competence and creating
collaborative relationships with the members of your groups.
20. Attend risk management workshops periodically with the goal of familiarizing yourself
with current standards of practice.
21. Realize that you will never be completely safe from a potential claim or lawsuit, regardless
of how competent and ethical you are. However, proactive risk management strategies can
lessen the possibility of such claims. Carry malpractice insurance.