Law and Ethics in Coaching E-Book

Patrick Williams

• Herausgeber: John Wiley & Sons
• Kategorie: Fachliteratur
• Sprache: Englisch

Seitenzahl: 328

Veröffentlichungsjahr: 2012

Beschreibung

"This book provides an easy-to-read introduction to the core ethical and professional issues faced by all coaches irrespective of length of coaching experience. The case studies and guidelines in this book will help coaches constructively reflect on their coaching practice, and will help build the solid ethical foundation that professional coaching practice demands. A very useful text for both the beginning and experienced coach." --Anthony M. Grant, PhD, Director, Coaching Psychology Unit, University of Sydney "Pat Williams is quickly becoming the authority on the ethics of the coaching profession. He brings his full integrity and passion to this wonderful book. Do not overlook the importance of this book to your success." --Laura Berman Fortgang, MCC, pioneer in the coaching field and author of Take Yourself to the Top and Now What? 90 Days to a New Life Direction The first comprehensive book covering ethical and legal guidelines for personal and executive coaches As coaching grows into a unique and fully established profession, coaches are already discovering and dealing with the special ethical and legal dilemmas that can arise in the coaching context. Law and Ethics in Coaching presents the first comprehensive look at ethical and legal issues in coaching. From coach-client conflicts to conflicts of interest, from assessments to informed consent, the authors detail the breadth of ethical quandaries in coaching and provide highly practical advice for avoiding problems--and for solving them. With contributions from leaders in law, ethics, and coaching, the text includes coverage of: * The emergence of the coaching profession and its intersection with ethics and law * Foundations of ethics for professions * Making ethical choices * Getting, growing, and measuring coaching ability * Developing and maintaining client trust * Multiple-role relationships in coaching * Ethical use of assessments in coaching * Legal issues and solutions for coaches * The intersection of culture and ethics in organizations * Coaching into the future Filled with a dynamic blend of case studies, discussion questions, illuminating quotes, and other examples, Law and Ethics in Coaching is both a trailblazing professional reference and an unparalleled textbook for coaching programs.

Leseprobe

Contents

Title

Copyright

About the Contributors

Preface

Chapter 1: The Profession of Coaching

Introduction

The Roots of Coaching

The Coaching Advantage in Both Work and Personal Life

Coaching Tools and Their Ethical Application

Important Distinctions

Ethics in Coaching

ICF Regulatory History

Chapter 2: Foundations of Professional Ethics

Objective

Pre-Chapter Self-Assessment Test

Philosophical History

History of Codes of Ethics

Conclusion

Chapter 3: Ethical Choice

Objective

Introduction

Contributing Factors to Ethical Choices

Ethical Decision-Making Models

Conclusion

Chapter 4: Competence

Objective

Defining Competence

Getting Competence

Growing Competence

Measures of Competence

The Relationship between Ethics and Competence

The Public and Competence

Conclusion

Chapter 5: Developing and Maintaining Client Trust

Objective

Pre-Chapter Self-Assessment

Introduction

Choosing Professionalism as a Business Focus

The Continuum between Ethical and Legal Professional Issues

Maintaining Trust in the Client–Coach Relationship: Legal and Related Ethical Principles

Guidance from Contract Law

Guidance from the Laws That Govern Privacy

Guidance from the Law That Governs Confidentiality and Privilege

Guidance from the Law of Negligence

Conclusion

Chapter 6: Multiple-Role Relationships in Coaching

Objective

Pre-Chapter Self-Assessment Test

Defining Multiple-Role Relationships

Multiple-Role Relationships in Coaching

Dual and Multiple-Role Relationships in Coaching

Dual Relationships as the Norm in Business

The Ethics of Dual Relationships in Coaching

Conclusion

Chapter 7: Ethical Use of Assessments in Coaching

Objective

Pre-Chapter Self-Assessment Test

Introduction

Levels of Assessments and Ethical Practices

The Feedback Plan

Types of Assessment Tools

Leadership-Development Practices

Selection of Quality Assessment Tools

Qualifications to Use Instruments

General Professional Practice Issues—A Recap

Conclusion

Chapter 8: Legal Issues and Solutions for Coaches

Objective

Pre-Chapter Self-Assessment Test

Introduction

Do I Need to Incorporate My Coaching Practice?

Self-Assessment Questionnaire

Sole Proprietorship

Partnership

Corporation

Limited Liability Company (LLC)

Summary

What Steps Should I Take to Select the Legal Name of My Coaching Practice?

Do I Need a Business License to Practice as a Fee-Based Coach?

Do I Need a State-Issued Professional License to Practice Coaching?

Do I Need a Formal Contract with Clients Who Retain Me?

At What Point Should I Hire an Attorney for My Coaching Practice?

When Do I Really Need a Lawyer?

How Do I Find a Good Lawyer?

Why Should I Worry about Intellectual Property?

What Type(s) of Insurance Should I Have?

Best Practices

Emerging Issues

Professional Continuing Education Issues

Marketing and Hype

Application

Chapter 9: The Intersection of Culture and Ethics

Objective

Pre-Chapter Self-Assessment Test

Introduction

The Interaction between Culture and Ethics: The Cultural Iceberg

The Relevance of Coaching to Culture and Ethics

Bringing Ethics into the Coaching Environment

Governance

The Legal Environment

Ethical Checklist

Co-created Cultures

Best Practices and Considerations for Coaching Ethically across Cultures

Bridging Cultures: Case Studies in Ethics

Conclusion

Chapter 10: Coaching to Come

The Future of Coaching by Patrick Williams

Thoughts on the Future of Coaching and Coach Training by William H. Lindberg

Coaching and Wellness by Sharon K. Anderson

The Emergence of Academic Degrees in Personal and Professional Coaching: What Does This Mean to the Future of Coaching? by Patrick Williams

Appendix A: ICF Code of Ethics

Appendix B: Professional Coaching Language for Greater Public Understanding David Matthew Prior

Index

Copyright © 2006 by John Wiley & Sons. All rights reserved.

Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada.

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Library of Congress Cataloging-in-Publication Data:

Law and ethics in coaching : how to solve and avoid difficult problems in your practice / [edited by] Patrick Williams, Sharon Anderson.

p. cm.

Includes bibliographical references and index.

ISBN (10) 0471-71614-6 (cloth)

ISBN (13) 978-0471-71614-3 (cloth)

1. Personal coaching—Practice. 2. Executive coaching—Practice.

I. Williams, Patrick, 1950– II. Anderson, Sharon K.

BF637.P36L39

2006 658.3′12404—dc22

2005010603

About the Contributors

Sharon K. Anderson, PhD

Sharon Anderson is well versed in the area of professional ethics. Her writing and research agenda includes issues such as the ethics of multiple relationships and the ethical sensitivity and decision-making of psychologists and other professionals. She has traveled to national and international conferences to present her research findings, and she has published numerous articles and book chapters on the theory and practice of professional ethics in psychotherapy, and legal issues in psychotherapy. She has professional experience as a licensed psychologist, and she has been the chair of the Colorado State University graduate program in counseling and career development. Dr. Anderson has been described by students as “wickedly enthusiastic” about ethics.

Andrew R. Desmond, JD

Andrew Desmond is an Atlanta-based lawyer, researcher, writer, and real estate investor. He has worked for several large publishing companies and has considerable experience as an entrepreneur and investor.

Dolly M. Garlo, RN, JD, PCC

Dolly M. Garlo is an International Coach Federation professional certified coach, graduate of the CoachInc.com accredited coach training program with post-graduate work as a trained retirement coach, and is a licensed strategic marketing design consultant with Y2Marketing. She brings her combined 25-year professional experience in the health-care industry, law, and business to executive/career, life design and business coaching, consulting, and training, as president of Thrive!! Inc. (www.AllThrive.com), which she founded in 1997 prior to retiring from the active practice of law with Garlo Ward, P.C. in Austin, Texas, in 2000. Dolly’s current work focuses on business owners and professionals in private practice who want to systematically implement major career transition, succession planning, and/or business exit strategies so they can design their preferred retirement options and create a legacy to both live now and leave for future generations.

Charles Hamrick

With 20 years of experience in the management of multinational corporations, and eight years of experience in coaching top executives of major global corporations, he understands the challenges that people face in creating and meeting their goals in global settings. He has managed companies in most Asian countries, Europe, and North America, serving in chief financial officer and managing director roles. Charles creates and delivers programs on coaching for leaders and global leadership for such corporations as GE, GM, and Microsoft. He conducts Asian business briefings for a broad range of government and business organizations, and has worked with members of the U.S. Congress and Senate, including top government leaders.

He is a graduate of the Institute of Life Coach Training and a member of the International Coach Federation, and currently is the director of Asian operations for ILCT.

His professional education includes engineering at undergraduate and graduate levels, psychology at the graduate level, and an MBA. His language abilities include English, Japanese, Chinese, and Korean.

Margaret Krigbaum, MCC, JD

After practicing law for 11 years, Margaret Krigbaum became a full-time coach. Margaret’s business and executive practice extends through 11 countries and 15 different professions.

Margaret is a master certified coach with the International Coach Federation and has been vice president of its board of directors, chair of its application review and credentialing committees, and led tracks at the 2000 and 2003 conventions. She is well known world-wide as a speaker through presentations in China, Australia, throughout Europe, and Japan.

William (Bill) H. Lindberg, JD

William Lindberg is an attorney and a coach. He lives in Santa Barbara, California, and Deer Lake, Minnesota. He is a graduate of the University of Minnesota Law School and is president of the Ash Grove Group, a coaching and consulting company. He serves on the faculty at the Hudson Institute of Santa Barbara and is also the executive director of ACTO, the Association of Coach Training Organizations.

G. Kurt Moore, PhD

G. Kurt Moore received his doctoral degree in interdisciplinary studies in 2005. His research interests include adolescence, ethics, narrative therapy, and dynamic systems theory. Dr. Moore is a licensed psychotherapist, teacher, and musician, and currently lives in Colorado.

Marilyn O’Hearne, MSW, PCC

Marilyn’s international clients report increased PEP (Performance, Effectiveness, and Profitability, and/or Peace, Energy, and Prosperity). For 30+ years, she has facilitated development through coaching, counseling, training, writing (Renewing Your Spirit workbook, etc.), as well as teaching at universities, ILCT, and in Brazil. Marilyn’s gentle strength provides a secure foundation while challenging clients to be their best. (www.marilynoh.com)

Debra Robinson, PhD

Debra Robinson is a leadership development coach who understands leadership issues from the perspective of a senior executive, internal and external consultant, coach, and educator/trainer. She has participated in many leadership development programs and has been a leader/coach for these programs as well. Certified in a wide array of leadership assessment tools, Debra conducts executive assessments with follow-up coaching for leaders at various levels in organizations.

Effective leadership requires self-management, people management, and organizational savvy. Debra’s coaching work focuses on leadership skill development, creating a leadership mind-set, and personal/professional life management.

Debra received BA, MA, and PhD degrees in education and counseling psychology from the University of Illinois and postdoctoral training in organizational development from National Training Laboratories. She received the professional coach certification from the Hudson Institute of Santa Barbara and achieved master certified coach status with the International Coach Federation.

She is vice chancellor for student affairs at the University of Missouri–Rolla, senior consultant with Harshman & Associates in St. Louis, faculty member for the Hudson Institute Coaching Certification program, and principal in the Global Consulting Partnership.

Heather T. Wagoner, PhD

Heather is a master career counselor (MCC) residing in Miami, Florida. Her research interests include career education, international human resources development, life planning, and self-organizing systems as related to therapy and counseling. She holds both the NCC and NCCC under the National Board for Certified Counselors. She is an adjunct professor at St. Thomas University. ([email protected])

Karen Colby Weiner, JD, PhD

Karen Colby Weiner is an experienced psychologist, attorney, educator, and ethicist who currently is focusing her energy on life and business coaching. She is vice-chair of the Michigan Board of Psychology, and has served as president of both the Women Lawyers Association of Michigan and the Michigan Society for Psychoanalytic Psychology.

For many years Dr. Weiner served as chair of the ethics committee of the Michigan Psychological Association, and she is currently on a brief leave of absence from active involvement as a member of the International Coach Federation ethics and standards committee. She is included in both Who’s Who in America and Who’s Who in the World.

Patrick Williams, EdD, MCC

One of the early pioneers of coaching, Pat is often called the ambassador of life coaching. Pat has been a licensed psychologist since 1980 and began executive coaching in 1990 with Hewlett Packard, IBM, Kodak, and other companies along the Front Range. He joined Coach U in 1996, closed his therapy practice six months later, and became a full-time coach. Pat was a senior trainer with Coach U from 1997 to 1998 when he started his own coach training school for therapists only, the Institute for Life Coach Training. He has trained over 1,500 helping professionals at the Institute for Life Coach Training and is now opening offices in Korea, Istanbul, Italy, and Australia.

Pat is also department chair of the coaching psychology program at the International University of Professional Studies (www.iups.edu) and has taught graduate coaching classes at Colorado State University and Denver University. He is also dean of the newly expanding UK College of Life Coaching for North America (www.ukclc.net).

Pat has been on the ICF board of directors for the last three years, and co-chaired the regulatory committee as well. He is passionate about the profession of coaching and ensuring it remains a respected profession. He is the co-author of Therapist as Life Coach:Transforming Your Practice and Total Life Coaching: 50+ Life Lessons, Skills, and Techniques to Enhance Your Practice and Your Life. His new book on the law and ethics of coaching will be out in the fall of 2005.

Ofer Zur, PhD

Ofer Zur is a psychologist, author, and consultant living in Sonoma, California. He is an ethics, private practice, and forensic consultant as well as a psychotherapist in private practice. He has been teaching ethics, boundaries, and dual relationships, private practice, and metaphor of illness classes for over 15 years. Most recently he published the HIPAA Compliance Kit, distributed by W. W. Norton, and co-authored Dual Relationships and Psychotherapy, published by Springer. He provides CE online via his website at www.drzur.com.

Preface

Welcome to the evolving world of coaching, and more specifically the world of legal and ethical issues in coaching. As editors of this book, we believe we have pulled together the best topics and best authors to address the major concerns in each area. This is the first book in the professional and business coaching field to cover legal and ethical issues. Knowing this, we have designed the text to be thought provoking, practical, and enjoyable to read. Our book begins with chapters that introduce the coaching profession, discuss professional ethics, and articulate an ethical choice-making process for coaches. The following chapters address areas of confidentiality, international perspectives, competence, multiple roles, legal matters, and the future of coaching. A question section begins each of these chapters to stimulate your reading of the material to come. Our book is intended for coaches who are just beginning their practice as well as those who may want to review or visit some areas of concern.

We met for coffee at a local café in 2004 and as Sharon was already teaching and writing on ethics in the field of counseling, and she expressed an interest in learning more about coaching, this book was born. With Patrick’s involvement in coaching for the last two decades, it was not too difficult to choose the best of the best to write the desired content. We both are extremely pleased with the professionalism and depth of the chapters contained herein. Please let us know how these are helpful to you in your quest for being a highly qualified and ethical coach.

We would like to acknowledge the following people for assisting with this project: Sharon Hamm for her eye for editing, Dr. Mitchell Handelsman for his contributions to Chapter 3, David Bernstein at Wiley and his very helpful staff, and of course all the contributors to this book . . . thanks for your willingness to write your chapters and for such a professional job. It makes this book a valuable resource in the field of coaching.

Patrick Williams and Sharon K. Anderson

October 2005

Chapter 1

The Profession of Coaching

Its Emergence and Intersection with Ethics and Law

Patrick Williams

Introduction

Although coaching is the latest and hottest trend to invade the workplace and the landscape of personal development, it is not really new. Coaching is a derivative of the best thinking in self-improvement since the turn of the twentieth century. The coaching profession found its place in history—and most recently in the business world—when it exploded into the corporate environment in the 1990s. Today, workplace coaching has dozens of specialty fields for every kind of business concern. Among coaching specialties are personal career coaching, transitions and mergers coaching, start-up venture and entrepreneurial coaching, executive leader coaching, team coaching, and what many call life coaching.