Pitfalls in Counseling
By Archibald Wallace, III
"Pastor, may I speak with you? I really need your help." The pastor's typical response is, "Sure, you can come today." The pastor's desire to help, however, can turn into a nightmare when charges are made over alleged abuses. For some ministers, financial disaster may follow and a career may be shattered.
To avoid this nightmare, each counselor must ask if they feel they can help and at the same time protect themselves from charges stemming from alleged sexual impropriety. If charges of impropriety during counseling are filed in a state or church court, it is difficult to win such cases, even when you are innocent. The atmosphere in America is saturated with tales of clergy abuse, clergy misconduct, cover-ups, court actions, convictions, and settlements. Finding an impartial tribunal would be almost impossible due to present day zero tolerance for abuse in the counseling office.
The burden is often on the clergy counselor to prove the charges are false. The reason is because the clergy counselor is responsible to set boundaries and prevent anything from happening between the counselor and client. Of course, the assumption is that all clergy know the boundaries and how to act within those boundaries. Even if this is so, what can a counselor do to protect against the unthinkable?
First, admit you cannot solve every problem or save every person from life's disasters. Some pastors forget to "check their super-hero ego at the door" or they assume a messianic complex regarding their level of skill. If you do not have specialized training or education in the field of counseling, it's all right to admit that some problems may be beyond your expertise. When a situation develops that is beyond your skill level, consider referring the person. You may only make matters worse the more you try to help.
Second, it should not take too long to assess the client's presenting problem. If the problem is greater than your skills, refer to another professional. Don't allow economics or the need to be needed to cloud your better judgment and keep you in a situation you may not be prepared to handle. If you have completed four or more counseling sessions, and you recognize there is still a lot of work to do, you may need to seriously consider referral.
Third, the setting for counseling is critical. Be as public as you can without sacrificing privacy and confidentiality. A room with a glass door or window can neutralize potential problems. It is also important to avoid sitting too close to the client or touching the client other than a handshake. I also feel that hugging between counselor and client should be taboo. Make sure the time for beginning and ending the session is firmly established and known by client and staff. Avoid counseling at night except in cases of emergency. Don't counsel outside your professional setting, such as in your home or in a secluded place.
Fourth, I recommend recording every session. Videotaping is best. And when you video a session, set the tape to run the entire time. Preserve all tapes without recording over them. If video equipment is not available, you can always use a cassette recorder. Save all recordings. You must advise the counselee you are recording the session.
A new approach involves the use of a second person to sit in and observe. This person can be a professional or a church member. If you use a second person, ask them to take notes on the session. Be sure and discuss with the client your interest for inviting a second person into the counseling session. If the counselee rejects, you can revert to the above suggestion of taping the session.
Fifth, keep a file on each counselee. Stay current with your paperwork. Record any signs of disturbing behavior on the part of your client. Read your notes following the session and ask yourself if you are in any way getting too close to the situation? When you conclude your work with a counselee, keep all files. You may be asked to go back three or more years in order to respond to an inquiry or charge. In most states there are no statue of limitations for criminal behavior. A charge of sexual abuse in counseling can be raised years after the event allegedly occurred.
Sixth, don't get involved in an exchange of letters or e-mail with clients unless it is to schedule appointments. A kind word may be misinterpreted years later. E-mails may be retrieved and altered to say things you never intended. Be careful in what you say and what your write.
These are routine tips for everyone who does counseling. If you don't take appropriate measures, you may leave yourself open to charges. It is much easier to prevent problems than to pick up the pieces after a shattered career.
A charter member of the MTM Board of Trustees, Archibald Wallace, III, is a practicing attorney in the firm of WallacePledger PC which he founded. He is a graduate of Furman University, the University of Richmond Law School, and Union Theological Seminary, Richmond. In addition to his law practice, he serves as pastor of a Presbyterian Church on a limited basis and has assisted scores of ministers experiencing conflict with their congregations.