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. Did you know you can unlock all of our Legal Developments with a Church Law & Tax membership? With a membership, you can access the expert coverage from our site, including the Legal Library, which is a digital version of Pastor, Church & Law. Take the next step to help keep your church legal. Get $30 off a Website Membership today! **This special offer ends on May 6 and is automatically applied toward a new Website Membership ONLY. It is not valid toward an existing membership or the Advantage Membership. |