Attorney-Client Privilege versus Mandatory Reporting by Psychologists: Dilemma, Conflict, and Solution

ABSTRACT

Buried within the laws of most states lies a potential tension between psychologists and attorneys related to mandatory reporting of certain crimes that may be divulged during psychological evaluations. In the United States, psychologists and a number of other professionals are required by law to report past criminal conduct (e.g., child or elder abuse); however, in only two states are attorneys subject to mandatory reporting of child abuse. The disparity between the ethical and legal duties of the two professions may create a serious dilemma with significant repercussions for both parties. This paper provides a brief overview of the legal and ethical responsibilities for both professions and highlights potential areas of conflict. Recommended steps to avoid such conflicts are then offered.

KEYWORDS:

• Mandatory reporting
• child abuse
• ethical conflict
• forensic evaluation