Chapter 10
Ethical and Legal Aspects of
Working with Groups
Prepared by: Nathaniel N. Ivers, Wake Forest University
Groups: A Counseling Specialty, 7e
© 2016 Pearson Education, Inc.
All rights reserved.
Roadmap
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Ethics Defined
Dominant Values of Ethics
Code of Ethics
Major Ethical Issues in Group Work
Making Ethical Decisions
Promoting Ethical Principles in Groups
Legal Issues in Groups
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-2
© 2016 Pearson Education, Inc.
All rights reserved.
Ethics
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Suggested standards of conduct based on a set
of professional values (Gladding, 2011)
To behave ethically is to act in a professionally
acceptable manner based on professional
values.
All ethical issues involve values as grounds for
decision-making.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-3
© 2016 Pearson Education, Inc.
All rights reserved.
Dominant Values of Ethics
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Autonomy
Beneficence
Nonmaleficence
Justice
Fidelity
Veracity
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-4
© 2016 Pearson Education, Inc.
All rights reserved.
Autonomy
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Promotion of self-determination
Power to choose one’s own direction in life
In groups, it is important that members feel
they have a right to make their own decisions.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-5
© 2016 Pearson Education, Inc.
All rights reserved.
Beneficence
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Promoting the good of others
In groups, it is assumed that leaders and
members will work hard for the betterment of
the group as a whole.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-6
© 2016 Pearson Education, Inc.
All rights reserved.
Nonmaleficence
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Avoiding doing harm
Members of groups must be sure the changes
they make in themselves and the help they offer
others are not going to be damaging.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-7
© 2016 Pearson Education, Inc.
All rights reserved.
Justice
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Fairness
Equal treatment of all people
Implies that everyone’s welfare is promoted and
that visible differences in people, such as gender
or race, do not interfere with the way they are
treated
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-8
© 2016 Pearson Education, Inc.
All rights reserved.
Fidelity
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Loyalty
Duty
Keeping promises and honoring commitments
In group work, it involves stating up from what
the group will focus on and then keeping the
pledge
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-9
© 2016 Pearson Education, Inc.
All rights reserved.
Veracity
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Truthfulness
In group work, veracity is important in all
phases of the group’s development.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-10
© 2016 Pearson Education, Inc.
All rights reserved.
Code of Ethics
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Set of standards and principles that
organizations create to provide guidelines for
their members to follow in working with the
public and with one another.
Constantly evolving
Best Practice Guidelines of the Association for
Specialists in Group Work (ASGW, 2007)
Important that group leaders be aware of codes,
standards, and guidelines related to group work.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-11
© 2016 Pearson Education, Inc.
All rights reserved.
Major Ethical Issues in Group Work
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Training of Group Leaders
Screening of Potential Group Members (e.g.,
informed consent statement)
Rights of Group Members (e.g., confidentiality,
involuntary group)
Personal Relationships Between Group Members
and Leaders (e.g., dual/multiple relationships)
Personal Relationships Among Group Members
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-12
© 2016 Pearson Education, Inc.
All rights reserved.
Major Ethical Issues in Group Work
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Uses of Group Techniques
Leaders’ Values
Referrals
Records
Closings and Follow-Up
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-13
© 2016 Pearson Education, Inc.
All rights reserved.
Making Ethical Decisions
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Make ethical decisions according to both
principle ethics and virtue ethics
Use specific steps as a guideline
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-14
© 2016 Pearson Education, Inc.
All rights reserved.
Principle and Virtue Ethics
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Principle Ethics
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Based on obligations
Focus on finding socially and historically acceptable
answers to questions (Corey et al., 2015, p. 10)
Virtue Ethics
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Focus on the “character traits of the counselor and
nonobligatory ideals to which professionals aspire”
Am I doing what is in the best interest of my
client? (Corey et al., 2015, p. 10)
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-15
© 2016 Pearson Education, Inc.
All rights reserved.
A-B-C-D-E Worksheet
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Assessment
Benefit
Consequence
Consultation
Duty
Education
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-16
© 2016 Pearson Education, Inc.
All rights reserved.
Promoting Ethical Principles in Groups
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Training Group Leaders
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Continuing Education and Peer Supervision
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Continuing Education Units (CEUs)
Peer Supervision
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-17
© 2016 Pearson Education, Inc.
All rights reserved.
Legal Issues in Groups
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Law – A body of “agreed-upon rules of a society
that set forth the basic principles for living
together as a group.
“Laws can be general or specific regarding both
what is required and what is allowed of
individuals who form a governmental entity”
(Remley & Herlihy, 2014, p. 4)
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Successful group leaders are aware of
“community standards, legal limitations to work,
and state laws” (Ohlsen et al., 1988, p. 391)
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-18
© 2016 Pearson Education, Inc.
All rights reserved.
Actions to Prevent Lawsuits
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Screening to reject inappropriate potential group
members
Spending extra time at the beginning of the first
group session to discuss group rules and group
members’ responsibilities
Following the ethical codes of professional
organizations to which one belongs
Practicing only those theories and techniques in which
one has actual expertise
Obtaining consent or contracts in writing from
members (or, case of minors, their parents)
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-19
© 2016 Pearson Education, Inc.
All rights reserved.
Actions to Prevent Lawsuits
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Warning members about the importance of
confidentiality and the exceptions in which member
confidentiality will have to be broken
Staying abreast of recent research, theory, and
practice techniques within one’s specialty
Empowering members to evaluate their own progress
and be in charge of their own progress
Obtaining regular peer supervision of one’s work
Following billing regulations and record-keeping
practices to the letter of the law
(Corey et al., 2015; Paradise & Kirby, 1990; Van Hoose & Kottler, 1985; Wheeler &
Bertram, 2015)
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-20
© 2016 Pearson Education, Inc.
All rights reserved.
Malpractice Suits in Group Work
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Unintentional civil liability
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Lack of intent to cause harm.
Most malpractice suits in group work center
around it
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-21
© 2016 Pearson Education, Inc.
All rights reserved.
Malpractice Suits in Group Work
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Intentional civil liability cases include situations
in which there are issues regarding the
following:
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Battery (unconsented touching of a person)
Defamation (injury to one’s character or
reputation either through verbal [slander] or
written [libel] means
Invasion of privacy (violation of the right to be
left alone)
Infliction of mental distress (outrageous behavior
on the part of the therapist
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-22
© 2016 Pearson Education, Inc.
All rights reserved.
Professional Liability Insurance
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Insurance designed specifically to protect a
group worker from financial loss in case of a civil
suit
Professionals who work with groups should carry
it.
Groups: A Counseling Specialty, 7e
Samuel Gladding
10-23
© 2016 Pearson Education, Inc.
All rights reserved.