Impact of the Adversary System on Forensic Social Work Practices: Threat to Therapeutic Alliance and Fiduciary Relation

Abstract

ABSTRACT This paper considers the impact of the adversary system on forensic social work and asks the question, can social workers establish an authentic therapeutic alliance and fiduciary relations within the context of the law? The adversary process of the judicial system presents challenges that are affecting the relationship between forensic social workers and their mentally ill patients/offenders in unique ways. For example, because of the quasi-coercive situations in the forensic setting, interpersonal attributes such as empathy, warmth, and genuineness, which are the essential components of therapeutic alliance and fiduciary obligation, cannot be truly or positively attained. Social works' fiduciary responsibilities become all the more complex when patient's rights to self-determination (autonomy) and informed consent, are disregarded by psychiatric hospitals, doctors, and judges. Therapeutic alliance and fiduciary or trusting relationships are central to social work practice. However, the challenge and intricacies of maintaining therapeutic alliances in the forensic setting are concerns that have been largely ignored in the professional literature. This paper seeks to explore these challenges.