This message has been cross posted to the following Discussions: IALCP and Forensic .
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You all are providing a very interesting dialogue and one in which the 2012 Summit has noted for a Topic of Discussion:
Ethics of the Life Care Planner....differences between roles of retained expert or practitioner.
There are varying Codes of Ethics within certifications as well as Associations, ensuring credibility is a concern for the field. While Life Care Planning is not a profession it falls within varying purviews and at times creates unique circumstances.
We will be looking at the application of our Ethics to our work to discern and develop a very structured manner in which ethics can be viewed and utilized in everyday practice.
Cloie
"Robert H. Taylor" <mb280sl1987@gmail.com>
02/15/2012 07:00 AM
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Re: LCP Forum Post: Ethics Questions
I just read Dan's post and while he and Roger may be correct about the wisdom of consulting with a personal attorney, Harold did not give us all the information we would need to fully evaluate the need to do so. For instance, Harold, have you already advised the retaining attorney orally of your intent to withdraw? What was the reaction? If he understands your reasoning, I would just followup in writing with him. I see no need to advise the evaluee(s) of your decision.
The problem will be if your retaining attorney does not approve of your decision and cannot substitute in another expert. Then, there is the potential for harm to be done to the evaluees. In that case, I would definitely protect myself and run this by my personal attorney. All of the facts in the case will guide you in your actions from here on in. You are the only one with all the facts and your reasoning for withdrawing.
Bob
On Wed, Feb 15, 2012 at 7:39 AM, Dan Bagwell <dmbhome@swbell.net> wrote:
It is my opinion that Roger is right on target with his response, and I would strongly recommend getting legal advice from a competent and knowledgeable attorney specializing in contract law before making a decision to write an attorney's clients directly. While you are pondering if you have an ethical duty to do so, you may find that you could be violating the law or engaging in an ethical violation in doing so and subject yourself to legal action by the attorney who engaged your services by contacting his clients without his permission. If you are given poor or incorrect advice by your own attorney, at least you have a fall back position in your defense.
Dan Bagwell
From: Roger Weed [mailto:rweed@bellsouth.net]
Sent: Tuesday, February 14, 2012 9:29 PM
To: lcpforum@careplanners.net
Subject: RE: LCP Forum Post: Ethics Questions
IMHO
I think that it would be good to re-review the article by Mary Barros-Bailey et al. regarding client vs. evaluee which has been published in a variety of journals and has been endorsed by several organizations. Per the article-based on the way I read your scenario-there is no client-counselor relationship even though you met with the evaluee. The purpose of the meeting was related to litigation consulting, not a professional rehab counseling-client relationship. The person is represented by an attorney who is responsible for legal related communication, I think. I don't believe that you need to explain it to the evaluee as I think the attorney would be the conduit for such messages. To be sure, it might be good to discuss with your own lawyer. (Yes, I have been faced with similar situations which were handled similarly to the above with no adverse consequences other than on one occasion the opposing attorney tried diligently to find out why I withdrew. Since I was an expert witness and not a treating professional, the deposition subpoena was set aside by the judge.)
Best wishes,
Roger
From: Harold Bialsky [mailto:h.bialsky@hotmail.com]
Sent: Tuesday, February 14, 2012 7:19 PM
To: lcpforum@careplanners.net
Subject: LCP Forum Post: Ethics Questions
Hello All:
I am in need of an opinion based on the following scenario:
I was working with an attorney and as a result of issues that arose during my involvement, felt compelled to withdraw from the cases. I sent his money back to him. The issue is that I am withdrawing from the cases this AFTER I saw the clients. The questions are as follows:
1) Am I obligated to write the clients, informing them that I have withdrawn from the case?
2) What if any, is my obligation to explain why I withdrew?
Thanks to all in advance.
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Robert H. Taylor M.A., L.P.C., C.R.C., C.D.M.S., C.L.C.P.
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