Essay Sample on Counselors: Ethical & Legal Challenges Affecting Client Relationships

Introduction

Counselors working in any setting face ethical and legal challenges that influence relationships with their clients. Although they are supposed to apply the ethical code of practice, emerging issues contradict their behavior and can sometimes affect the quality of the outcome (Louw, 2016). Therefore, they are required to make ethical decisions, focusing on available legal frameworks and decision models to improve the quality of outcomes. Among the ethical and legal issues that emerge during the counseling process include diverse backgrounds, multiple relationships, and privacy of data.

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Analysis of the Trans-Cultural Integrative Model

A trans-cultural integrative model is one of the frameworks applied in decision-making regarding ethics involved in the counseling process. The primary distinction of the model is that it looks at ethical principles counselors adhere to in their professional practice, but they must combine them with cultural experiences and beliefs of the client. It emphasizes the importance of upholding the virtues of the clients (Uriz, Idareta, Viscaret & Ballestero, 2017). These virtues significantly emphasize reflection and collaboration between professionals and their clients. The model is effective in the decision-making process since it promotes respect among the stakeholders; hence, the ability to avoid conflict of interest. The model is critical in the sense that it takes into account the diversity of all stakeholders in the collaboration process. Although it stresses the importance of professional virtues, it tends to ignore individual values that would influence the outcome of the counseling process. Importantly, professional counselors look must weigh cultural aspects and apply their knowledge to enhance collaboration with their clients. It means that the model empowers counselors to make informed decisions based on prevailing circumstances, focusing on how to improve the outcomes.

The trans-cultural integrated model promotes consistency with ethical principles alongside cultural ethics and defines an ethical dilemma as a conflict where two or more parties oppose each other. For example, clients may choose vocational goals, contradicting the interests and goals of the counselor. Since the goals can adversely affect the outcome by creating tension between the professional and the client, it is necessary to develop strategies and make decisions that would sustain the relationship (Uriz et al., 2017). Therefore, the theory is practical since it enables counselors to look at different aspects, such as balance, tolerance, and attention, as well as reflection when making informed decisions.

The model can be used to solve a problem, such as when students from different backgrounds have different interests and goals. In this context, the first thing a counselor should do is to investigate and interpret the problem and its potential impact on the counseling outcome. After interpreting the problem, the next thing is to formulate a decision that would be neutral to all parties so that others do not feel isolated or ignored (Uriz et al., 2017). However, before finalizing the decision, it is essential to reflect the potential outcome and involve all stakeholders in the execution process. For example, the decision would be to create standard goals and objectives of the session, but they must reflect on the general interests of the students or clients.

Application of the Trans-Cultural Integrative Model

The first step to take is to collect and analyze the situation and interpret critical relevant facts. The process of gathering data should be sensitive regarding the cultural facts and identities of the stakeholders. A difference in cultures is one of the factors, affecting the relationship between professionals and their clients (Uriz et al., 2017). Specific actions to take at this point include engaging the stakeholders by holding meetings to deliberate on potential factors that would affect the outcomes. During the meetings, the clients will help to interpret cultural values that would interfere with the entire process. Cultural facts would improve the decision-making process.

The second aspect is to decide after critically reviewing the values and interests of the stakeholders. For example, together with the clients, the team will develop a code of ethics to follow in agreement with all clients and this would manage potential cultural clashes. It is because people from different cultures communicate differently (Uriz et al., 2017). Professionals must consider cultural perspectives so that the decision would focus on solving the problems. The third step is reflecting on potential cultural factors that are likely to affect the decision-making process. Among the factors to consider include organizational aspects and cultural interests. For example, they should make a decision based on an ethical framework identified without developing personal feelings.

Lastly, the counselors should plan how to implement the decision, focusing on how to eliminate potential barriers. Plans to take into account include developing an action plan and delegation of duties to enhance the commitment of the stakeholders. Potential obstacles include poor communication and a lack of engagement. Therefore, the team will develop a communication chart and share roles. Laws that would affect the implementation process include the Family Educational Rights and Privacy Act (American School Counselor Association, 2016). The law defines the conduct of professional counselors. The law influences choices about the situation by influencing how professionals access records and information of the students. Any decision should not violate individual rights. Furthermore, the code of ethics counselors should consider include building a strong and stable relationship, as well as the privacy of information. In this context, these standards influence the decision-making process since counselors must behave ethically.

Impact of Cultural and Developmental Factors

Being culturally sensitive is an essential factor when addressing ethical and legal issues in the counseling process. The first one is enhancing respect for autonomy in the workplace. Globalization has promoted the concept of diversity and counselors handle clients from different places (Uriz et al., 2017). By acknowledging this, counselors will develop a positive mind and attitude when making decisions without being bias to any culture. For example, the decision should appeal to young and elderly students so that they all feel inclusive.

Secondly, it is crucial to avoid students according to their socioeconomic status. Although it is a good idea to group clients according to their statuses, it could lead to making bias decisions since the counselor will not treat all clients equally. Promoting beneficence is another way to promote cultural sensitivity when working with students from different cultural backgrounds. A counselor should be kind and show charity to the clients regardless of their cultural perspectives (Louw, 2016). They must understand that different cultures handle things differently. They have moral development to do what is right and offer quality services to the clients. For example, they should listen to all clients and understand the reasons behind their actions and this would make informed decisions (Zhong, Darren & Dimaras, 2017). For example, a counselor should use formal communication language and avoid using gestures and signs that may mean something offensive. Also, the clients would interpret the signs differently because of their cultural backgrounds. Therefore, a formal language shows cultural sensitivity.

Impact of Counselor Values and Strategies to Address Them

The first personal value is a professional responsibility. All counselors have a responsibility of adhering to the professional code of conduct and ensure they build a lasting and positive relationship with their clients. For example, a counselor should make the best decision on behalf of the clients based on their professional experience. The other personal factor affecting ethical and legal decisions is an individual attitude towards some cultures (Bakshi & Goss, 2019). According to the trans-cultural integrative model, counselors should respect other cultures when making decisions. Prejudice could lead to making negative decisions that would negatively impact outcomes. For example, a pre-determined attitude towards some cultures could lead to wrong decisions, affecting the relationship. Finally, non-professional relationship influences affect ethical and legal decisions in the sense that it influences professional and independent decisions. Therefore, as a professional counselor, these factors influence personal decisions.

The first strategy to manage these issues is upholding professional ethics. As a professional counselor, it is a good thing to practice professional values, such as integrity and confidentiality. Professionalism would manage a negative attitude towards a culture that would affect the quality of the outcome since decisions made will be balanced (Ardi, Putra & Ifdil, 2017). Secondly, avoiding multiple relationships in the workplace could also contribute to professionalism when making ethical decisions. Non-professional affairs would impact the decision-making process; thus, affecting the outcomes.

Conclusion

Counselors work in challenging environments. They work in diverse environments where their clients have different needs and expectations. As a result, they can use various models to make decisions. For example, the trans-cultural integrative model helps to understand how to make informed decisions in challenging environments. It evaluates the current situation, engages the stakeholders, implements the decision and reflect it. Personal values, such as attitude and non-professional relationships influence the decisions because of prior intentions before the execution process.

References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. New York: ASCA.

Ardi, Z., Putra, R., Ifdil. (2017). Ethical and legal issues in online counseling services: Counseling principles analysis. Jurnal Psikologi Pendidikan & Konseling, 3(2), 15-22.

Bakshi, A., & Goss, S. (2019). Trends related to ethics, technology, counseling and careers. British Journal of Guidance & accountability, 47(3), 41-52.

Louw, B. (2016). Cultural Competence and Ethical Decision Making for Health Care Professionals. Humanities and Social Sciences. Special Issue: Ethical Sensitivity: A Multidisciplinary Approach, 4(2-1), 41-52.

Uriz, M., Idareta, F., Viscaret, J., & Ballestero, A. (2017). Methodologies for ethical decision making in social work. Ljetopis socijalnog rada, 24 (1), 33-54.

Zhong, A., Darren, B., & Dimaras, H. (2017). Ethical, social, and cultural issues related to clinical genetic testing and counseling in low- and middle-income countries: protocol for a systematic review. Systematic Review, 6(140), 1-7.