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Department of Psychology

What to Do, Given the Bad Legal System

John T. Ault, Ph.D.
Last updated: 8 March 2005

Awareness: recognize the problems with the American legal system and high-risk situations (chances of getting embroiled in law suit are small, less than ½% according to Bennett in Professional Liability and Risk Management, p. 31, but if it happens it can be devastating regardless of ones innocence)

Understand the reasons for the mess so that this reality is not so emotionally oppressive (price we pay for the benefits of such a heterogeneous/diverse society and protection from governmental abuse of power)

Recognize the reality of parasites and predators, such as self-serving attorneys, district attorneys, politicians, administrators, and media people, who exploit difficult situations for personal profit and career advancement; recognize that 100% security from these people is not possible (1.d.1)

“Know thyself” and “To thine own self be true.” Be aware of own humanness and vulnerabilities (It can’t happen to me!) Be honest, especially with self; denial, looking away, biggest danger

Define own professional mission (professional vs employee and role clarity presentations; 1.d.2)

Security-Service continuum - define own tolerance (personality assessment instruments):

                            100%                                                                        100%
                 Safety/No Service           (Use of Resources)              Service/No Safety

Accept limits of ability: "I am not God" (Harry Truman)

Do best one can and do not personalize injustices (dog hit by car analogy; the very people you are helping may attack you; even when you are acting in their best interest)

When "get bit" take care of own wound, especially emotionally, and go on

Diligently avoid both perennial and current "mortal sins" of the field:           
          Perennials:
                            #1 Sin - Dual Relationships: Some dual relationships are unavoidable; when that happens divide roles, clarify role changes, clarify role conflicts with all involved, document, etc.
                            #2 Sin - Non-documentation: Ethics Casebook: Psychologist who documented telephone conversations
                            #3 Breaking confidentiality:  Ethics Casebook: Psychologist in battle between parents and school superintenden
              Annuals:
                            Sexual harassmenT
                            Sensitivity to cultural and diversity

Consult with colleagues and supervisors, and keep notes

Get involved with the legal and political process

Purchase liability insurance, but remember that the insurance company is not on your side

Avoid high risk, no-win clients

Be sure to have proper credentials and training for the job (license is not sufficient)

Distinguish clearly among: legal (civil and criminal), ethical, moral, and clinical issues

Document (two journals)

Perspective: rescuing drowning, shipwreck victims in stormy, shark invested waters; no benefit in losing own life and drowning with them; no service to humanity in standing securely on the shore; developed a responsible, balanced perspective.

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