Counseling poses legal risks for churches and pastors. One threat is sexual misconduct. Another is malpractice.
A recent lawsuit brought in Texas unfortunately illustrates how both threats can emerge together. And while courts are often reluctant to decide pastoral counseling cases under the “ecclesiastical abstention doctrine,” an appellate court determined a secular court could still intervene.
The lawsuit was brought after a husband and wife sought marital counseling from a deacon at a Catholic church. Over time, the husband discovered his wife and the deacon were having an affair.
Read more about this case—and four important lessons for church leaders—when you unlock this new Legal Development from attorney and senior editor Richard Hammar. Additionally, read Hammar’s guidelines for minimizing possibilities for misconduct and malpractice with pastoral counseling in this section of the Legal Library.
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