Category Archives: Client Death, Suicide Risks or Criminal Acts

Know Your Risks: Family Law, Fictitious Business Names, Privilege / Confidentiality, Subpoenas / Privilege, Testimony Under Oath and Child Abuse Reporting

One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it [...]

Dangerous Patients – Duty to Warn / Duty to Protect

I have written extensively on this topic in this Avoiding Liability Bulletin and elsewhere. Over the years, statutes may have been [...]

Brief Reminders / Questions For New Year

Advocacy: Do you consider yourself to be an advocate for your clients? Is advocacy a part of your legal or ethical responsibilities or [...]

Sandy Hook Elementary School

As we reflect on another mass shooting, we find tragically that in all of the mass killings, which go back to the Oklahoma City Federal [...]

“Predicting” and Preventing Suicide

While practitioners cannot be expected to reliably “predict” or foretell suicide, competent practitioners are expected to be [...]

Treating Children – Selected Legal Issues

Therapists and counselors treat children both with and without the consent of one or both parents. It is not uncommon for practitioners [...]

Records – Stolen, Lost or Destroyed

The primary fear of the therapist or counselor when records are lost or stolen is that confidential information will be seen by a third [...]

Death Of The Patient

What happens when your patient dies and your treatment records are thereafter subpoenaed or you are subpoenaed to appear and testify in [...]

Dangerous Patients

Are you permitted or required to warn when the patient threatens serious and imminent harm to another? Would a claim of privilege be [...]

Hypnosis / Hypnotherapy

… Suppose that a counselor or therapist is treating a woman who was the victim of a rape. Assume further that the practitioner is [...]

Home Visits

… Michael Jackson’s death, and the investigation of several doctors, including one or more “concierge doctors,” raised the question of [...]

Diversity

There are many legal issues affecting mental health professionals that involve the subject of diversity. Perhaps one doesn’t think [...]

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