Ethical Standards in the NASW Code of Ethics: The Explicit Legal Model, and Beyond

Abstract

The Code of Ethics of the National Association of Social Workers loosely follows the American Bar Association's Model Rules of Professional Conduct, but provides less protection for professionals. Social workers may benefit by adopting the Model Rules, with contrasting commentary where legal and social work practices diverge. That contrast would highlight social work's ethical advantages and demonstrate the need for nonlegal ethical principles (in economics, for example) that are underrepresented in the NASW Code of Ethics. Development of companion ethical statements (of social work economic ethics, for example) would give social workers improved ethical guidance. Such companion statements, possibly developed through empowered participation by the spectrum of social workers, may ultimately yield an empirically informed statement of definition and mission for the profession.

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“…One should also be mindful of the fact that the Code of Ethics of the National Association of Social Workers loosely follows the ABA Model Rules of Professional Conduct but provides less protection for social work professionals regarding malpractice and other liabilities (Woodcock, 2011). The development of a companion statement to accompany the Code's existing standard regarding interdisciplinary collaboration, with specific language pertaining to legal settings, may be warranted and could give social workers improved ethical guidance.…”

“…A long-term solution according to Woodcock (2011) is for the social work profession to adopt an explicit legal model. If social workers wish to have a complete and effective ethical code, capable of guiding them in many varied situations similar to scenarios outlined in this paper, there is no need to reinvent the wheel.…”

“…One potential solution might be for the social work profession to adopt ABA's Model Rules of Professional Conduct as a first step. Woodcock (2011) notes, "Indeed, why not use what lawyers use to limit their own malpractice exposure, and enlist the natural sympathies of judges who tend to be familiar with the Model Rules in the process?" (p. 23).…”

“…(p. 23). Woodcock (2011) acknowledges that there will be times when a social worker should proceed somewhat differently from how a lawyer would proceed in similar circumstances. Furthermore, the legal code might be completely wrong for social workers on a particular issue.…”