LCSW Law & Ethics Practice Test 2 – ASWB clinical exam questions with answers and
explanations
*1. Roger Kelly has been coming into work late, borrowing money from other employees, and
creditors had begun calling him at work regarding overdue bills. He was recently fired from his
job because of inadequate performance after a physical altercation with another employee. His
boss terminated him and indicated that his recent change in attitude, unpredictable behavior,
and job performance would have caused him to be terminated in any case. Roger is so angry
about the termination that he threatens to sabotage several machines at the record-pressing
factory. How should the social worker proceed?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of Section 1024 of the Evidence Code.
A. Maintain Roger's confidentiality.
B. Warn the manager of the factory because this is analogous to a Tarasoff situation.
C. Ethically, the social worker may choose to break confidentiality - correct answer ✔✔D. Follow
the guidelines as set forth in Section 1024 of the Evidence Code.
The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence
Code 1024 states that the social worker has a "right" to warn when property is threatened.
*2. Your lawyer calls you to warn you that you may receive a subpoena for the complete
treatment record of Mr. Milsap, who you have been treating for five years. Two months ago, Mr.
Milsap received minor injuries in an accident at work in which three people were killed when a
fully loaded forklift overturned. Mr. Milsap is suing for negligence and claiming severe
emotional damage, including PTSD. When you tell Mr. Milsap about the subpoena, he is frantic
since he doesn't want anyone to know about the brief affair he had with his secretary four years
ago, which is documented in your treatment records. He asks that you submit a summary of
,information relevant to the accident and his PTSD or to omit from the records information
about the long-ago affair. How should you respond?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to legally retain records.
A. Tell Mr. M - correct answer ✔✔A. Tell Mr. Milsap that you cannot honor his request.
Without the permission of the court or the party issuing the subpoena, a social worker may not
produce a summary or alter (by omission or any other way) the treatment record subpoenaed.
*3. Which situation is less likely to be an inappropriate dual relationship?
Content Area: Law: Confidentiality, Privilege, and Consent
You must identify which choice would be the least likely to constitute an INAPPROPRIATE dual
relationship.
A. A small town where social worker and cashier (client) see each other at the local store.
B. A small town where social worker and next-door neighbor (client) see each other in the
neighborhood watch meetings.
C. A small town where a social worker's brother-in-law's sibling comes to therapy for couple's
counseling.
D. A small town where a social worker's CPA seeks couple's counseling with the social worker. -
correct answer ✔✔A. A small town where social worker and cashier (client) see each other at
the local store.
,The cashier/client would not present an inappropriate dual relationship. This would be an
instance, especially in a small town where the number of stores may be limited, where the
contact in the community may be unavoidable.
4. Three months after the death of Danielle, whom you treated for several years, you receive a
written request from Arthur, her husband of 32-years, asking for access to his late wife's files.
You saw them conjointly for a few sessions when Danielle requested he be there. How would
you proceed?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge regarding who has access to a client's records after their
death.
A. Assert privilege.
B. Deny his request.
C. Allow him to inspect the records.
D. Provide a summary or a copy of the records. - correct answer ✔✔B. Deny his request.
Given the limited information we have in this scenario, denying the request would be the best
course of action until proper authorization could be obtained by the dead woman's legal
representative.
5. Your client Maurice tells you that he was involved in a bank robbery and "got away with it."
He says the money is stashed in a safety deposit box at a local bank. You are:
, Content Area: Law: Confidentiality, Privilege, and Consent
This question deals with a social worker's legal responsibilities related to past crimes.
A. Required to report this to the bank and to the police.
B. Required to maintain confidentiality.
C. Obligated to advise your client of the legal requirement to break confidentiality.
D. Permitted to break confidentiality to protect the public at large. - correct answer ✔✔B.
Required to maintain confidentiality.
A social worker is legally obligated to maintain confidentiality in this instance.
6. You have been participating in the town's bowling league for six months when one of the
clients you have been treating joins the league. While speaking to your client about it in the
next session, you find out she loves it and plans to stay in the league. First you would:
Content Area: Ethics: Professional Competence and Preventing Harm. This question of ethics
asks you what your FIRST step would be in this dual relationship scenario.
A. Switch leagues.
B. Explain the nature of dual relationships to her.
C. Ask her to switch leagues.
explanations
*1. Roger Kelly has been coming into work late, borrowing money from other employees, and
creditors had begun calling him at work regarding overdue bills. He was recently fired from his
job because of inadequate performance after a physical altercation with another employee. His
boss terminated him and indicated that his recent change in attitude, unpredictable behavior,
and job performance would have caused him to be terminated in any case. Roger is so angry
about the termination that he threatens to sabotage several machines at the record-pressing
factory. How should the social worker proceed?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of Section 1024 of the Evidence Code.
A. Maintain Roger's confidentiality.
B. Warn the manager of the factory because this is analogous to a Tarasoff situation.
C. Ethically, the social worker may choose to break confidentiality - correct answer ✔✔D. Follow
the guidelines as set forth in Section 1024 of the Evidence Code.
The Tarasoff Decision does not pertain to the protection of physical property. However, Evidence
Code 1024 states that the social worker has a "right" to warn when property is threatened.
*2. Your lawyer calls you to warn you that you may receive a subpoena for the complete
treatment record of Mr. Milsap, who you have been treating for five years. Two months ago, Mr.
Milsap received minor injuries in an accident at work in which three people were killed when a
fully loaded forklift overturned. Mr. Milsap is suing for negligence and claiming severe
emotional damage, including PTSD. When you tell Mr. Milsap about the subpoena, he is frantic
since he doesn't want anyone to know about the brief affair he had with his secretary four years
ago, which is documented in your treatment records. He asks that you submit a summary of
,information relevant to the accident and his PTSD or to omit from the records information
about the long-ago affair. How should you respond?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge of how to legally retain records.
A. Tell Mr. M - correct answer ✔✔A. Tell Mr. Milsap that you cannot honor his request.
Without the permission of the court or the party issuing the subpoena, a social worker may not
produce a summary or alter (by omission or any other way) the treatment record subpoenaed.
*3. Which situation is less likely to be an inappropriate dual relationship?
Content Area: Law: Confidentiality, Privilege, and Consent
You must identify which choice would be the least likely to constitute an INAPPROPRIATE dual
relationship.
A. A small town where social worker and cashier (client) see each other at the local store.
B. A small town where social worker and next-door neighbor (client) see each other in the
neighborhood watch meetings.
C. A small town where a social worker's brother-in-law's sibling comes to therapy for couple's
counseling.
D. A small town where a social worker's CPA seeks couple's counseling with the social worker. -
correct answer ✔✔A. A small town where social worker and cashier (client) see each other at
the local store.
,The cashier/client would not present an inappropriate dual relationship. This would be an
instance, especially in a small town where the number of stores may be limited, where the
contact in the community may be unavoidable.
4. Three months after the death of Danielle, whom you treated for several years, you receive a
written request from Arthur, her husband of 32-years, asking for access to his late wife's files.
You saw them conjointly for a few sessions when Danielle requested he be there. How would
you proceed?
Content Area: Law: Confidentiality, Privilege, and Consent
This question tests your knowledge regarding who has access to a client's records after their
death.
A. Assert privilege.
B. Deny his request.
C. Allow him to inspect the records.
D. Provide a summary or a copy of the records. - correct answer ✔✔B. Deny his request.
Given the limited information we have in this scenario, denying the request would be the best
course of action until proper authorization could be obtained by the dead woman's legal
representative.
5. Your client Maurice tells you that he was involved in a bank robbery and "got away with it."
He says the money is stashed in a safety deposit box at a local bank. You are:
, Content Area: Law: Confidentiality, Privilege, and Consent
This question deals with a social worker's legal responsibilities related to past crimes.
A. Required to report this to the bank and to the police.
B. Required to maintain confidentiality.
C. Obligated to advise your client of the legal requirement to break confidentiality.
D. Permitted to break confidentiality to protect the public at large. - correct answer ✔✔B.
Required to maintain confidentiality.
A social worker is legally obligated to maintain confidentiality in this instance.
6. You have been participating in the town's bowling league for six months when one of the
clients you have been treating joins the league. While speaking to your client about it in the
next session, you find out she loves it and plans to stay in the league. First you would:
Content Area: Ethics: Professional Competence and Preventing Harm. This question of ethics
asks you what your FIRST step would be in this dual relationship scenario.
A. Switch leagues.
B. Explain the nature of dual relationships to her.
C. Ask her to switch leagues.
