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Digital Seminar

Mental Health Professionals and the Law: Navigating Ethical and Risk Management Challenges


Speakers:
Michael Kahn, LPC, JD |  Chris Osborn, JD
Duration:
Approx 6 hrs
Copyright:
Mar 18, 2025
Product Code:
POS150063
Media Type:
Digital Seminar - Also available: DVD | Live Webinar

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Description

Even with the best intentions it’s possible to unwittingly behave unethically …

And in today’s ever-evolving landscape of increased litigation – along with the complexities of digital practice, online communities, and social media – it’s easy for ethical pitfalls and missteps within the legal system to threaten the practice you’ve poured your heart and soul into building. And you may not even see it coming.

For many, the thought of facing legal challenges or interacting with lawyers can feel overwhelming or intimidating.

That’s why we created this training with ethics and legal experts Michael Kahn LPC, JD and Chris Osborn, JD who’ve shown countless therapists how to effectively navigate the legal system and ethical issues that could cost you everything. You’ll gain more than just an overview of the legal system. They’ll give you an inside look at what lawyers are trying to accomplish when interacting with therapists as potential fact or expert witnesses.

By the end of the program, you’ll feel more confident navigating the legal system and, yes, even comfortable working with lawyers.

You’ll also leave ready to:

  • Handle subpoenas like a pro - know exactly what to do if one lands on your desk
  • Stay on the right side of ethical dilemmas - learn how to spot the difference between a boundary crossing and a violation
  • Identify ethical blind spots with ease - use strategies to go beyond a mere commitment to behave ethically
  • Protect your practice and your peace of mind - stay ahead of legal and ethical risks
  • And so much more

SO PURCHASE TODAY to get the tools you need to protect your clients and your practice!

 

 

 

 

 

Credit

Planning Committee Disclosure - No relevant relationships

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners.  For speaker disclosures, please see the faculty biography.



* Credit Note - Self-Study CE Information Coming Soon

Continuing education credit information is coming soon for this non-interactive self-study package.

CEs may be available for select professions, as listed in the target audience. Hours will be dependent on the actual recording time. Please check with your state licensing board or organization for specific requirements. 

There may be an additional fee for CE certificates. Please contact our Customer Service at 1-800-844-8260 for more details. 

**Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of your profession. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.



Speaker

Michael Kahn, LPC, JD's Profile

Michael Kahn, LPC, JD Related seminars and products


Michael Kahn, JD, LPC, holds a JD from the Dickinson School of Law, and practiced law with the Attorney General’s Office for the State of New Jersey. As a Deputy Attorney General, he represented the Department of Corrections and later the Department of Environmental Protection. Although he left the practice of law in 1991, his work thereafter has kept him involved in the lives of lawyers in various capacities.

Following a stint as assistant director of career services with the Tulane University School of Law, Micheal obtained his MEd in counseling from UNC-Greensboro in 1994, and shortly thereafter became a Licensed Professional Counselor in the State of North Carolina. Michael’s areas of focus in his psychotherapy practice have included anxiety, depression, grief/loss, and men’s issues, and he has worked with adolescents and adults in individual and group therapy settings.

In 2012, he relocated to Oregon, where in addition to continuing his speaking career, he served as facilitated bereavement groups for lawyers. Michael currently resides in Vancouver, BC, where he serves part-time on the counseling staff of the Lawyers Assistance Program of British Columbia. He continues to present training seminars and workshops on ethics, grief, wellness, DEIB, and other topics for lawyers and mental health professionals throughout the US and Canada, including for the US military.

 

Speaker Disclosures:
Financial: Michael Kahn is the co-founder of ReelTime Creative Learning Experiences and has employment relationships with Lumara Grief and Bereavement Care Society and Lawyers Assistance Program of BC. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Michael Kahn has no relevant non-financial relationships.

 

 


Chris Osborn, JD's Profile

Chris Osborn, JD Related seminars and products


Chris Osborn, JD, is the founding principal of Osborn Conflict Resolution, which provides mediation and conflict resolution coaching services throughout North Carolina. He is also a member of the Charlotte panel of Miles Mediation and Arbitration, one of the leading providers of dispute resolution services throughout the southeastern United States.

From 2012-2015, Chris served as an assistant professor at the Charlotte School of Law, where he taught “Interviewing, Client Counseling, and Negotiations,” Civil procedure, contracts, “Problems in Practice: Commercial Transactions,” and “Intro to the Study of Law.” While on the faculty, Chris’ scholarly research focused on ethics and professional responsibility, and particularly the interrelationship of both with mental health and substance abuse issues. Upon graduating from the University of Virginia School of Law in 1995, Chris began practicing litigation in Charlotte. He served as a career law clerk to former US Magistrate Judge Carl Horn III before joining Horack Talley Pharr Lowndes, PA, in 2001. During his 11 years as an associate and shareholder with the firm, Chris handled construction and real estate litigation, business litigation, and employment disputes in Superior and District Courts, as well as in all three North Carolina federal district courts. Chris is currently enrolled in the master’s in clinical mental health counseling at Liberty University.

Speaker Disclosures:
Financial: Chris Osborn maintains a private practice and is the co-founder of ReelTime CLE, LLC. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Chris Osborn has no relevant non-financial relationships.


Additional Info

Access for Self-Study (Non-Interactive)

Access never expires for this product.


Questions?

Visit our FAQ page at www.pesi.com/faq or contact us at www.pesi.com/info


Objectives

  1. Determine how to wisely prepare for testifying in court or at a deposition, and being cross-examined by a lawyer.
  2. Identify strategies to implement when you get subpoenaed to testify.
  3. Utilize stress management and self-care interventions when interacting with lawyers and the legal system.
  4. Determine ethical blind spots and employ strategies to improve your ethical decision-making.
  5. Distinguish between boundary crossings and boundary violations.
  6. Identify emerging boundary challenges in the digital age.

Outline

Mental Health Professionals and the Legal System: Clinical Experiences with the Courts and Litigation
  • Prepare for depositions
  • Court testimony
  • Common points of confusion for therapists
The Lawyer’s Playbook: Handling Discovery and Trial Like a Pro
  • Motivations, objectives, and how they differ from those of a clinician
  • Winner take all or zero-sum process
  • Differences between fact and expert witnesses
  • Expert designations and written reports
  • Subpoenas for records, deposition, and trial testimony
Expert Witness Essentials
  • Depositions vs. trial testimony: Key differences and how to prepare
  • Why lawyers question experts: Learn their goals and how to prepare effectively
  • Handling cross-examination: Tips to stay calm and credible under pressure
  • Subpoena survival: Master a simple but effective response process
  • Stress-proofing Your experience: Use mindfulness and micro self-care to manage stress
  • Ethical confidence: Maintain integrity and demonstrate expertise
Behavioral Health Care Ethics and Blind Spots
  • Committing to behave ethically isn’t enough
  • Reasons we may not be as ethical as we think we are
  • ”Should” selves and “want” selves
  • Recollection biases
  • Ethical fading
  • Motivated blindness
  • Case example and Resources
Strategies for Improving Ethical Behavior
  • Narrow the gap
  • Give voice to the “should” self
  • ”Really?” Evaluate the decision-making process
  • Relevant ethics code provisions and standards (PSY, LPC, SW, MFT)
Self-Disclosure and Comparing Boundary Crossings vs. Boundary Violations
  • Self-disclosure guidelines
  • When to share personal information with clients
  • Therapeutic benefits and risks
  • Key considerations when considering a boundary crossing
  • Boundary violations in the digital age
  • Risk management strategies
  • Case examples
Dual Relationships/Conflicts of Interest
  • Different types of dual relationships and conflicts of interests
  • Determine whether a dual relationship is ethical or unethical
  • Dual relationships and boundary crossings
  • Formulate an effective ethical decision-making model
  • Unique boundary challenges working in small towns, rural areas, and other close-knit communities
  • Case examples

Target Audience

  • Counselors
  • Social Workers
  • Psychologists
  • Therapists
  • Physicians
  • Marriage & Family Therapists
  • Case Managers
  • Other Mental Health Professionals

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