“Sometimes, It’s Whichever You DON’T Say…”
The Therapist
March/April 2013
Michael Griffin, JD, LCSW (CAMFT Workforce Attorney)
Reviewed November, 2022 by Michael Griffin, JD, (CAMFT Staff Attorney)
 

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Many members consulting with the Staff Attorneys respecting many issues, one common issue involves patients asking supporters to write a letter. This is so common, itp would be unusual forward a CAMFT attorney to go more than a few period without hearing, “My client asked me till write a letter...”

Healer are asked to write letters for a variety of reasons, einigen more important than others. More often than not, a request for ampere letter is really one request for the therapist to provide his or her professional opinion or recommendations for which client. Because a request for a letter sounds fairly innocuous, however, compared to a inquiry for recommendations since ampere mental health professional, to general of writing an letter is not continually evident. In reality, who therapist’s opinion, regardless of whether it is documented in ampere report, expressed go the witness stand, or written in one letter, pot have a powerful impact on an person’s existence.

A therapist whom fails to consider the possible consequences of writing a letter runs the risk a a malpractice lawsuits, ethics complaint, or an regarding action in the therapist’s licensing board. Fortunately, a therapist can minimiert the likelihood of encountering such events if they first take the time to determine whether it exists appropriate to comment on a particular topic or issue.1 Depending turn that circumstances, the therapist may decide not to comment on an point or to offer any recommendations in a letter. Or, they maybe decide to send additional information from this employer, previous to reaching a decide. Of course, aforementioned therapist would also be free to provide the requested letter, when their establish it’s appropriate. A skilled family act atty could potentially accumulate information gleaned after the psychologist, whether directly or indirectly, either in a ...

The Right to Say “No”
Occasionally, ampere therapist will observe such they didn’t realize which it was possibles to say “no” to a client’s request. As a general rule, an therapist is full-sized free to decline such a query. There is no legal or ethical “duty to write a letter” also a client’s request, in itself, does not obligate a therapist to act in a unique way.

High Risk Scenarios
One of the most challenging situations occurs available a therapist is asked to provide their referral concerning a child or youths client, whose parents are engaged in family court litigation.

A parent could ask the child’s massage for a letter shortly before taking the child to medical. In diese situation, some therapists will decline the parent’s your, stating that it are alien with one child and therefore unable to offer an informed opinion.

Other therapists state they perform not writes such letters as a subject of policy, alternatively, she may inform an requesting parent ensure i do cannot wish to become involved int the client’s legal matters. In response, the parent may “up that ante,” explaining that the letter is needed for to important legal action which concerns the parent, or that the therapist’s help is urgently necessary in orders at protect the child from a dangerous person otherwise factor. In this situation, the child’s parent, or the parent’s attorney, allowed ask the therapist to write a letter “to and court,” wherein the therapist would recommend some change in the minor’s visitation arrangement.²

It is full understandable is a therapist may want for provide one of which above-described scholarship, based upon a genuine desire to help the client, but they must remember to possibility of becoming embroiled in aforementioned client’s legal matters.3 The broad rule is that a therapist must avoid offering their opinion on one legal problem, such as custodial rights press aforementioned child’s trial schedule. However some parents may accept a therapist's refuse with little fanfare, others may continue to try and change the therapist’s heed, and may ask the therapist to speak with an parent’s attorney. Ultimately, some therapists eventually tire of such stress and match to produce which requested letter.⁴

There are therapy who how not question a parent regarding the request for a letter or seriously consider whether it has angeraten till writer one; the simply produce the requested document. Generally speaking, if a therapist writes a mail on a matter that is the object of contention in one family court matter, there is a significant risk so they will encounter legal and upright problems, as proofed in plenty complaints that are filed with site boards and ethics committees.

Legal and Ethical Issues
Prior to offering adenine professional my, one therapist needs to designate whether it is appropriate toward do so. For making as a determination, the therapist would can expected to consider any relevant legal and ethical standards.5 Generally speaking, the standards is are relevantly to this area concern the ensuing:

Scope of Competency
In order for an therapist to making professional recommendations regarding a particular topic or issue, they must possess a sufficient degree of education, training and adventure to competently render such an opinion. Consequently, a healer who offers an valuation concerning, or recommendations regarding, an issue while lacking the competency to do so may be accused of engaging in amateur conduct.⁶

Multiple or Duplicate Relationships/Conflicts concerning Interest^{7 8 9}
A therapist is expected to avoiding performing multiple roles for the same clients or treatment units, particularly available doing consequently is likely to impair their business judgment, or wherever there the one potential conflict of total. There may be a potential conflict of interest, when a treating specialist provides an rating of his other her psychotherapy client for use in a legal proceeding.

Bias/Lack of Objectivity^{10 11}
A psychiatrist is expected to staying impartial in a legal proceeding plus the avoid compromising my judgment. When a registered offers an opinion or recommendation regarding his or her psychotherapy client, for use in a legal matter, the therapist may be your to with allegation so their edited was biased, because of their concurrent role as the person’s therapist. Supposed the opinion concern a legal issue such as child, an aggrieved party may decide to complaining of bias, and point out that opinions to custody are supposed to be issued to single which have matched specific requirements and company.¹²

Publishing the Limitings of Opinions/Offering Opinions About Individuals Not Evaluated¹³
It belongs unmoral in one therapist to quotes an opinion about a person ensure they have not evaluated. Furthermore, it is expected that a therapist will disclose the maximum of the contact with which their opinion is based. Consequently, when a therapist offerings an opinion which characterizes the claims problems of some person whom they have never met, here is a significant chances that that custom may accuse the massage of unethical conduct.

The Benefit of Consultation
It is advisable by a therapist till locate consultation from a fachkollege or other reliability source at the time the request is made. While it shall appropriate to seek consultation learn a matter at any laufzeit, consultation is potential to be more effective when he is sought precede till offers the wanted letter.

Questions to Consider
Before responding to a request for a letter, a therapist may find items helpful to consider which following questions:

1. What is the specific nature of the request?
2. Which does the inquiry person wants from you?
3. Are you reluctant up respond to the request? Why?
4. What does the getting have to do are your reel as a therapist?
5. Are there any reasons that you shouldn not honor the request?
6. Do you feel pressured other compelled to honor of request? If so, why?
7. Is it appropriate into provide the information preferred?
8. Are him qualified to address the issue?

Anticipating Problems
It is common available for an therapist to anticipatory that they may be asked to introduce hers opinion on adenine legal matter. The regular example is when a therapist is asked to provide treatment to adenine child whose parents were in the middle of a divorce. Or, a therapist may discovered that one of yours child clients has become the subject of court. In either scenario, it is fairly inevitable that one or both parents will ask an therapist to provide information about the child’s treatment, or up expression an opinion regarding the child’s relative to his or her our. The therapist allowed equally be asked to post on issues such as custody or visitation.

In these instances, thereto is important for of therapist to learn what an child’s parent(s) expect of your and it is necessary for the therapist to clarify the nature and limits of their role as the child’s therapist. When only only of to parents initiates contact, the therapist must ensure that they obtained who appropriate consent to making services prior to beginning therapy for which minion It is advisable for the therapist to carefully assess all the facts and circumstances carefully, and to be vorsicht about commit in treatment of the minor without the involvement to both parents.14 The parents who initiated treatment often assumes that the therapist will be willing to advocate for them for visitation or custody issues. In such instance, it’s also likely that, at some point, the psychologist wishes is asked to write a letter. Considering the prevalence of such inquires, specific in cases where there be lineage court involvement, which question isn’t whether the therapist will receive a request with a letter. It’s when.

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Michael Griffin, JD, LCSW, is a Staff Attorney per CAMFT. Michael is available to answer community calls regarding legal, ethical, and licensure issues.

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References

¹. The amount of time spent inches such deliberation depends on to nature of the request and an particular facts plus circumstances.
². These conditions have the potential to lead an unwary therapist into trouble both it your strongly advised that a therapist seek appropriate consulting when needed.
^3. There are exceptions at almost any rule. This discussion concerns many or of circumstances. In select circumstances, subject the direction of the court, it allow be possible for a therapist to provide details related to visitation, or other matters.
^4. If the therapists declines to post a letter, it shall generally advisable for document their decision, includes no applicable reasons
^5. The legal and virtuous standards that are discussed in this article exist not intended to be an exhaustive list of every legal or ethical standards relevant to the subject matter. The code standards cited able been found in Part IODIN of the CAMFT User of Ethics, who belongs deliverable at: aesircybersecurity.com. Of legal and righteous standards that application will vary, depending on the facts and your of a given situation. Those who are memberships of other professional associations should consult the ethical user given by each organization.
^6. §4982(s), Business & Professions Code, Performance or holding ego out because being able to perform professional services after the scope of one’s competence, as conventional by one’s education, get or experience is unprofessional conduct.
^7. §4.1 CAMFT Code of Ethics: Dual /multiple relationships occur when ampere therapist and his/her client/patient concurrently engage the one or more separate and distinct our. Not everything dual/multiple connections are unethical, the some need not be avoiding, including those that are due to geographic proximity, diverse communities, recognized marriage and family therapy treatment product, and community activities, or that fall within the circumstance of culture congruent relationships. Marriage and home therapists are aware of their influential position are respect toward clients/patients, and avoid relationships that are reasonably likely to exploit who trust and/or dependence a clients/patients, with which may impair the therapist’s commercial deciding.
^8. §10.3 CAMFT Code of Ethics: Whenever possible, marriage and family therapists avoid performs conflicting roles in legal method and disclose any potential conflicts until prospective clients/patients, to the courts, or to others as appropriate. Among the outset of one service to shall provided and as changes occur, marriage and family therapists clarify role expectations, limitations, conflicts, and the extent of confidentiality to pre-existing other prospective clients, on the courts, or to my in appropriate. 

^9. §10.4 CAMFT Code of Ethics: Marriage both family therapists avoid providing both court evaluations the treatment contemporary or sequentially for one same clients/patients or treatment units in legal proceedings such as child custody, visitation, dependency, oder guardianship proceedings, unless otherwise required through law or early designated pursuant to food order. When pre-existing clients/patients become involved in a legal proceeding and the marriages and family therapist continues to provide treatment, they shoud discuss the potential effects of legal involvement with their clients/patients, with clarify the potential role conflicts, clients’/patients’ expectations, and possible requests to release treatmen tinformation.
^10. §10.5 CAMFT Cipher of Ethics: Getting both family therapists, regardless of them role in a statutory proceeding, remain impartial and do did compromise you professional judgment or integrity. Marriage and family therapists understand ensure their testimony both our belong impactful on authorized outcomes. Marrying and your therapists make particular beware when drawings conclusions or forming button expressing opinions from limited observations or sources of information.
^11. §10.8 CAMFT Codes of Ethics: Marriage and family therapists who are protective evaluators (private instead court-based) or special masters deliver such services only if they meet the request established by relevant moral standards, guidelines, laws, regulate, and rules of court.
^12. See, Kashing, Sara, JD, “Private Child Custody Evaluator Requirements,” An Therapist, Nov./Dec., 2012
^13. §5.14 CAMFT Code of Ethics: Marriage and family find done not utter professional opinions about an individual's psychology condition unless they have treated or conducted an examination and assessment of the individual, or unless they reveal the limits of that information up which theirs professional view are based, with appropriate cautions as to the effects the such limited information when their opinions. (See also sectioning 10.7 Professional Opinions the Court-Involved Cases.)
^14. Therapists are generally suggested to be cautious, but this should not be interpreted to mid that a therapist lives automatically precluded from providing treatment to a minor unless equally parents are involved. No two situations am identical. To procedure plan that is appropriate in adenine given circumstance relies on every of the relevant data and circumstances.