Law and Ethics Practice Exam

If a therapist's client, who is a gang leader, asks to hide evidence, what is the legal implication that the therapist faces?

1. The therapist must file a protective order

2. Communication regarding criminal activities is not confidential

3. The therapist must maintain client confidentiality at all costs

4. The therapist can reveal information if the police request it

The correct answer is: Communication regarding criminal activities is not confidential

The correct answer revolves around the understanding of confidentiality in therapeutic relationships, particularly when it concerns discussions of criminal activity. In many jurisdictions, communications that are related to future criminal acts or the concealment of ongoing criminal activities are not protected under attorney-client privilege or therapist-client confidentiality. This means that if a client discloses intentions or actions related to criminal activities, the therapist is often ethically and legally obligated to report this information to law enforcement or appropriate authorities. In this scenario, the client, who is indicated to be a gang leader, is requesting the therapist to hide evidence. This request suggests an intent to conceal criminal activities, which falls outside the boundaries of privileged communication. Consequently, the therapist is situated in a position where they must consider their legal obligations over the confidentiality that typically governs therapist-client interactions. Thus, the implication here is that the therapist may need to breach confidentiality to uphold the law and protect public safety. While confidentiality is a crucial aspect of therapy, it is not absolute. There are specific exceptions, particularly concerning threats to life, welfare, or the commission of crimes. The idea that confidentiality must be maintained "at all costs" does not hold when it pertains to potential criminal acts. Moreover, while police inquiries may prompt a therapist to disclose information