Corry, PA asked in Child Custody and Family Law for Pennsylvania

Q: Can a mental health counselor that has treated the mother and father represent just the mother I. A child custody matter

The counselor is a mental health counselor at a center the mother and I both receive treatment at. Now the counselor is acting as a attorney for Mt ex the mother of my 5 yea old son in a custody.matter. she had access to all my personal Imformation. I'm not sure what ti do or who to contact to stop it

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1 Lawyer Answer
John Michael Frick
John Michael Frick

A: That is an interesting, and somewhat novel, professional ethics question. I would report the individual to the Pennsylvania State Board of Social Workers, Marriage and Family Therapists, and Professional Counselors and to the Pennsylvania State Bar Association and let them sort it out.

Pennsylvania Disciplinary Rule 1.7(a)(2) provides that a lawyer shall not represent a client if there is a significant risk that the representation will be materially limited by the lawyer's responsibilities to a third person (that would be you in this scenario) or by the personal interest of the lawyer.

As a licensed professional counselor, the counselor owes you (the patient) certain duties including the duty of confidentiality. As an attorney, the attorney's representation of your wife is limited by their responsibilities as a professional counselor to you.

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