The Duty to Warn: A Potential Issue of Litigation for the Counseling Supervisor

At a time when the courts are increasingly called on to settle disputes, the mental health profession finds itself vulnerable to litigation under legal doctrines that were previously limited to the medical establishment. The possibility of being sued by a client is not limited to individual practitioners. Counseling supervisors and administrators in counseling centers are likely to be named co-defendents. This likelihood is reinforced by recent decisions that have held counselors, supervisors, counseling centers, and sponsoring institutions responsible for the public threat posed by clients. This article describes elementary principles of law involving supervisors and counselors and explores the ramifications of these doctrines in reference to “the duty to warn.” Suggestions for avoiding litigation are also offered.