This article was first published in the February 2024 Communiqué
Over the years, CRPO has received many practice inquiries and complaints about report-writing. One type of situation involves clients undergoing divorce and custody proceedings. In this situation, a client, or the parent of a child who is a client, might ask the RP to write a letter or report. The resulting letter is used in a family law dispute. The other parent may strongly object to the contents and use of the letter, and the RP’s role in writing it. Registrants should carefully consider and seek advice regarding the potential for such reports to generate conflict among family members.
When preparing a report or letter, revised Standard 5.2: Requests for Reports provides helpful guidance. It requires registrants to “indicate whether they are providing opinion, stating objective fact, or summarizing information provided by a client.” For example, registrants may preface a statement with “The client said”, to avoid portraying the content as an objective fact. If the registrant is expressing an opinion, they should state this and ensure they have a reasonable basis. For example, a registrant cannot assess a person they have never met, nor diagnose anyone.
Standard 5.2 also reminds registrants to uphold confidentiality obligations in written reports. If one member of a family requests a report, it must not include the personal health information of others without the appropriate consent, unless a legal exception applies.