The importance of client contracts

7 August 2009

What might you include in your client contracts?
Taking on a new client can be one of the most challenging times for any counsellor and psychotherapist, and it can set the tone for the rest of the client-therapist relationship.

One thing that’s often overlooked is the contents of the contract form you use when taking on a client. Though it might seem like just a piece of paper or a bit of a formality, there have been real-life claims, where the right wording in a contract could have made a claim much simpler and quicker to deal with, or maybe even avoided it completely.

There is no ‘magic formula’ for client contracts, as you are an individual, and no two people work the same way with clients. What’s more, there can be significant differences between different modalities and techniques.

However, here are some things you could consider when drafting your own client contract.

Setting clients’ expectations
Claims and complaints sometimes arise when a client feels that the therapy didn’t match their expectations. Sometimes this happens early on in the relationship because they expected to feel better about their situation very quickly.

It is important therefore to set clear expectations. If for example, your therapy involves regression, or dealing with very painful memories, the client is likely to get worse before they get better. You can manage this by setting a realistic expectation verbally in your first consultation, and there is no harm in including a statement to this effect in your contract form.

Establishing boundaries
Breaching professional boundaries is a major cause of claims in the talking therapies. Establishing them at the outset is important and again, is something that can be included within your contract.

You can refer to any codes of practice that you work to, and you may even wish to hand out a copy of your code of practice, or details of your professional body. The most important boundary is that between being a therapist and being a friend.

If you point out at the outset that you cannot accept gifts, or social invitations, it makes it a lot easier to decline such an offer further down the line, especially when you’ve also explained it in writing.

Explaining how you work
Although you are a caring professional, it is important to remember that therapy is your job, and that you are entitled to work as you see fit, and entitled to free time, just as anyone else is.

We have seen claims where clients have begun to impinge on a therapist’s spare time by phoning them or sending text messages or emails outside of their working hours. Some therapists respond to such contact which can encourage the client to contact them whenever they choose. A good client contract could explain your normal hours of work, your cancellation policy, and how and when you can be contacted.

Fees can also be a bone of contention, and can also be explained in a contract. By stating your usual fees with an effective date (for example you could say “£30 per hour – rates are correct as at 1st July 2009”) your clients will be aware of where they stand financially. You should also assert your right to review fees periodically. You could say for example “fees are subject to review and may be amended subject to at least 28 days’ notice”. In the past, we have seen claims where clients accused therapists of increasing their rates significantly at short notice, and complained of financial exploitation. A brief explanation of fees, like the above, could be included in the contract to help avoid this.

Regular Reviews
Many therapists include something in their contracts about when they will conduct reviews with their clients. This is another important aspect of setting and managing client expectations.

If it’s not communicated at the outset how and when you conduct reviews, your client might think there is some sort of a problem if you ask to conduct one. Again, this is something we have seen happen in real life claims, where clients have said that they were not aware of an impending review, and that it made them feel there must be a problem, and set them back and made matters worse.

Claims like this are easier to defend if you explain your approach to reviews at the outset, and easier still if you include them in a contract which is signed by the client.

What to consider for your contract
It’s worth pointing out that if you’re insured with Towergate, we will defend you against a claim, regardless of the contract form you have, and even if you don’t have one at all.

We like to make our clients aware of these issues though, because avoiding claims is best for all concerned. Defending them is difficult, stressful and time consuming, as well as being expensive.

If you’ve read the above and think it might be time to review your client contract form, here are some other sources of information you might want to consider:

• Speak to any professional bodies you belong to, as some may have a recommended client contract form, or a factsheet on how to prepare one
• If you have a network of other practitioners you network with, preferably ones with a similar modality to yours, ask if you can see a copy of their contract form
• Contact your training school - many are happy to help their past graduates and regularly arrange CPD events, and may be able to offer some guidance on client contracts

To conclude, remember that claims are very rare and that you should not let the fear of a claim hinder the way that you practice. Making a few changes like these to your client contract will hopefully make the chances of a claim even more remote, which in the long run will help protect the credibility of your profession.