It can be very easy for social workers to focus on their clinical work and miss other ways they can assist their clients. When you are working with clients that typically have no involvement in the court system, it can be difficult to recognize when a client should, in fact, get involved. Now, this isn’t a suggestion that all social workers go out and study the law but this is a suggestion that they learn to notice when our client’s legal rights are being violated. Sometimes we might be wrong, sometimes we/our clients might consult an attorney and learn there is absolutely nothing that can be done to assist them with their problem. There will be other times though; other times when our clients will be able to use the courts to their advantage and be all the better for it.

How to Spot a Legal Issue:

In truth, the way clients present with legal problems will be very different.

The first piece of advice is just to trust your gut. If it sounds like your client’s legal rights are being violated, it’s likely that they are. At the very least, it’s worth exploring. If you want to be sure before you bring it up with your client, consult an attorney on your own (speaking in general terms) about the issue before broaching the subject with your client.

Take off your clinical hat and ask a different kind of follow up question. Sometimes a client comes in with one need and in speaking with them you begin to realize they have others. An example of this may be a client who comes in for treatment with anxiety. The client talks about how anxious they are feeling and mentions in passing that a debt collector is calling all the time. A clinical social worker’s natural response might be something like “That sounds very difficult. You really don’t get any peace”. A clinical social worker who recognizes about that the client’s consumer rights are being violated might say “Tell me more about this debt collector who is calling you. Federal consumer rights laws prohibit this type of behavior by debt collectors. We may be able to stop them from calling and get you some peace.”

Sometimes legal issues are easy to anticipate if we pay attention. An example of this sort of scenario might be a client who comes for counseling after separating from their spouse. A clinical social worker’s natural response might be something that prompts the client to tell us more about their feelings toward the divorce like “It sounds very difficult to be separated from your husband after being married for 20 years.” A clinical social worker who recognizes that the client may need legal assistance with an impending divorce might say something like “It sounds very difficult to be separated from your husband after being married for 20 years. Have you discussed divorce?” The client will then likely tell you if they have been served with papers or if they want to file for something or if their husband has threatened to file for custody of the children, etc. If not, you can continue with clinical session, no harm done.

Other times, your client will not see their legal troubles coming and as their social worker you will be just as surprised. For example: a criminal case or if they are blindsided with divorce papers. In these instances, it will be important not to just give a referral and carry on with session but to really work with them to ensure they get the help they need.