Minimizing Liability for Church-Related Counseling Services: Clergy Malpractice and First Amendment Religion Clauses

Authors

Constance Frisby Fain

Abstract

Part II of this article presents a discussion of the clergyperson’s duty of care to parishioners. Part III addresses clergy malpractice, which focuses on negligent pastoral counseling and judicial analyses of such claims. Part IV examines First Amendment defenses to clergy malpractice and other tort claims against pastors, churches and other religious organizations with emphasis on the religion clauses. Finally, Part V suggests various methods of minimizing liability for church-related counseling services.

Recommended Citation

Fain, Constance Frisby (2011) "Minimizing Liability for Church-Related Counseling Services: Clergy Malpractice and First Amendment Religion Clauses," Akron Law Review: Vol. 44: Iss. 1, Article 6.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol44/iss1/6