Law Ethics Conflict - Eppp Skills

1. What is the key distinction between a subpoena and a court order for disclosure decisions?

   Subpoena is demand; court order is judicial mandate requiring compliance. Subpoenas request information without automatic compulsion, unlike court orders that enforce disclosure under penalty.

2. What is the correct response when a supervisor directs an unethical act that is not legally required?

   Refuse, inform the supervisor, and take further action consistent with ethics. APA 1.03 prioritizes ethics over non-mandatory directives, requiring refusal and escalation to resolve unethical demands.

3. What is the APA Ethics Code rule when ethics responsibilities conflict with law or governing authority?

   Make known commitment to Ethics Code; take reasonable steps to resolve conflict. APA Ethics Code 1.02 requires psychologists to affirm ethical commitments and attempt resolution when conflicts arise with legal demands.

4. What is the best ethical stance toward client welfare when law forces an ethics deviation?

   Prioritize nonmaleficence and minimize harm within the legal requirement. APA principles emphasize avoiding harm, guiding actions to reduce negative impacts despite legal constraints.

5. What should you do first when you discover a possible law–ethics conflict in your work?

   Identify the controlling authority and the specific ethical standard at issue. Initial identification of relevant laws and ethics standards enables structured analysis and resolution of potential conflicts.

6. Which option best states your duty when you must disclose: client notice, if feasible?

   Inform the client of the disclosure and its limits unless prohibited by law. Ethics require notifying clients of impending disclosures when possible, promoting transparency unless legally barred.

7. Which action best demonstrates "reasonable steps" to resolve a law–ethics conflict?

   Consult counsel/board, seek clarification, and negotiate limits on disclosure. Reasonable steps under APA 1.02 include expert advice and negotiations to align legal demands with ethics.

8. Which option best defines "governing legal authority" in law–ethics conflicts?

   Binding law: statutes, regulations, court orders, and licensing board rules. Governing authority encompasses enforceable legal elements that can override ethics if conflicts remain unresolved.

9. What is the best action when state law requires reporting that the client objects to on ethical grounds?

   Comply with mandatory reporting law and inform client of limits when feasible. Mandatory laws supersede client objections, but ethics require transparency about reporting obligations.

10. What is the best action if you are unsure whether a statute applies to your case?

    Obtain qualified legal consultation; do not guess or rely on informal advice. Uncertainties require professional legal input to accurately interpret applicability and avoid ethical missteps.

11. Identify the best action when a client threatens imminent violence and state law mandates warning.

    Take protective action required by law and consistent with duty-to-protect rules. Legal mandates for warnings align with ethical duties to prevent harm, requiring protective measures.

12. What documentation is most important when managing a law–ethics conflict?

    Record the conflict, consultations, decisions, and rationale contemporaneously. Thorough records demonstrate ethical diligence and provide evidence of reasoned decision-making in conflicts.

13. What is the most appropriate action when a court order conflicts with confidentiality ethics standards?

    Comply with the order and disclose only the minimum necessary information. Court orders mandate compliance, but ethics require minimizing disclosures to protect client confidentiality.

14. What is the ethically preferred scope of disclosure when disclosure is legally compelled?

    Minimum necessary information for the stated legal purpose. Ethical principles limit compelled disclosures to essential details, balancing legal needs with client protection.

15. Which option best states the rule about informed consent when legal limits apply to confidentiality?

    Explain foreseeable limits of confidentiality at the outset and as they arise. APA 4.02 requires upfront disclosure of legal confidentiality limits to ensure informed client consent.

16. What is the best ethical response when a subpoena requests records but no court order exists yet?

    Assert privilege when applicable and seek to limit or quash before disclosing. Subpoenas require protective actions like asserting privilege to safeguard ethics before any disclosure occurs.

17. What is the APA Ethics Code rule when the conflict cannot be resolved by reasonable steps?

    Adhere to law/governing authority while minimizing Ethics Code violations. Under APA 1.02, if resolution fails, prioritize legal compliance while upholding human rights and limiting ethical breaches.

18. Which option is correct if the law permits disclosure but ethics prohibits it (no mandate)?

    Do not disclose; follow the Ethics Code unless legally compelled. Ethics prohibit unauthorized disclosures, prevailing unless law mandates action overriding confidentiality.

19. What should you do if you believe a legal demand is overbroad or improper?

    Seek legal consultation and attempt to narrow, protect, or challenge the demand. Ethics demand challenging improper demands through consultation and legal means to uphold confidentiality standards.

20. Identify the best action when a minor requests confidentiality but state law gives parents access.

    Follow applicable law; set expectations; disclose only what law requires. State laws granting parental access control, but ethics emphasize clear expectations and minimal disclosures.

21. Which option is correct if ethics permits disclosure but the law prohibits it?

    Do not disclose; comply with the law and document the legal constraint. Prohibitive laws bind psychologists, preventing disclosures even if ethically allowable, with required documentation.

22. What is the correct response when agency policy conflicts with the Ethics Code but no law requires it?

    Follow the Ethics Code; seek policy change; do not rely on policy as justification. APA 1.03 mandates adherence to ethics, advocacy for change, and rejection of policy as an excuse for violations.

23. Identify the best response when multiple laws apply and appear inconsistent about disclosure.

    Follow the controlling authority and the more protective confidentiality rule. Inconsistencies demand identifying precedence and applying the rule that best protects client confidentiality.

24. Which option states the correct rule about client privilege in law–ethics conflicts?

    Privilege belongs to the client; the psychologist asserts it when applicable. Client privilege protects confidentiality, obligating psychologists to invoke it unless waived or overridden by law.

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