by Terrence D. Shulman, JD LMSW ACSW CAADC CPC

How many of you have ever had a legal issue? Most of us have. Maybe a simple speeding ticket or something more complicated like a divorce, bankruptcy, a contract dispute, or putting together a will? Most of us will have several legal issues throughout our lives and it should be no secret that persons who find themselves addicted often attract legal issues like a magnet. I ought to know. I have been in recovery from shoplifting addiction since 1990 and had been arrested and convicted twice of that crime. In addition, just three years ago, I was sued for alleged trademark and copyright infringement--that case dragged on for a year, cost a tremendous amount of time and money, before we finally settled before trial.

In almost all legal matters, we may feel a combination of stress, confusion, fear, anger, and shame. I certainly did. So, imagine how our clients feel when-- in addition to just learning the ropes of recovery--they have the added burden of dealing with (or, more often, not dealing with) legal issues. It is vital that we, as therapists, help identify clients’ legal issues which may be either the result of their addictions or part of their cause. Having a working knowledge of the law gives us a leg up on helping us understand and guide a client toward the possibility of faster and more favorable resolution of legal matters. This helps diminish client stress while in treatment and beyond and paves a smoother path to recovery and a better overall future.

I remember when I was a chemical dependency counselor from 1997-2004.

I worked at a metro-Detroit private, for profit intensive outpatient clinic. Upon intake, we always did a thorough screening and assessment and most of our clients reported a myriad of legal issues (we often found, later, that many clients neglected to divulge issues such as criminal matters or active warrants or who, innocently enough, didn’t know they had legal actions pending). As therapists, we’d often list as one of our clients’ treatment goals: “resolve legal issues.” However, it wasn’t uncommon for clients to procrastinate or feel overwhelmed about how to begin working toward that goal and feared taking even baby steps. As a licensed attorney, I ran a “legal issues” group at the clinic at least once a month and would always have at least a handful of clients show up to get free legal advice.

I took note of something else during my years at that clinic. If an incoming client reported a legal issue (or a history) of shoplifting or stealing, most of the time this was treated solely as a legal issue and not necessarily a therapeutic one as well. Perhaps the client was stealing to support a drug habit but maybe he or she was actually addicted to stealing or was acting out trauma, grief, or feelings of powerlessness by stealing. When clients reported debt or bankruptcy issues, we seldom delved into those clients “money scripts” or their possible shopping/ spending addictions. Domestic violence or assault charges often prompted some discussion about the sources of clients’ rage or some cursory anger management goals but not usually in any connected way.

Thus, our clients’ legal issues often uncover a goldmine of deeper understanding about our clients. Yeah,

I know, our clients already come in with many presenting issues, who wants to work on more? But we need to. In my counseling practice over the last 8 years at The Shulman Center for Compulsive Theft, Spending and Hoarding, almost all of my clients have past and/or current legal issues: shoplifting and employee theft arrests and prosecutions; loss of job and/ or trouble finding employment; debt and money management issues; and landlord tenant, evictions, and zoning issues. These issues say nothing of the often-related matters of divorce, child support and custody, or mental health and probate law issues that arise from these problems.

One way to think of legal issues is to group them into categories as follows:

CRIMINAL

• drunk driving
• other auto
• related crimes
• drug possession
• drug distribution
• theft offenses
• domestic violence
• sexual assault
• other violent crimes

CIVIL

• contract matters
• small claims/debts
• landlord/tenant
• personal injury
• divorce
• libel/defamation
• copyright/trademark
• malpractice

OTHER

• social security disability
• wills and estates
• juvenile law
• mental health petitions
• friend of the court
• appeals/military matters
• bankruptcy

It’s important to help clients understand their part in creating any legal issues and what actions to begin taking resolve them. It is important they don’t ignore correspondences, court dates or warrants. It is important they contact attorneys or legal service centers to get guidance and advice. It is important for them to know there are ways to more successfully navigate the often confusing and frightening legal system. It is also important that we, as counselors, uphold the law and don’t do anything to violate the ethics or legal standards of our professions.