Between a Legal Rock and a Practice Hard Place: Legal Issues in “Recovered Memory” Cases

Social workers increasingly find their practice is impacted by legal concerns. Nowhere has this been more true than in the recovered memory field where several high profile cases have found therapists liable. This article reviews the core issues of the clinical and political debate regarding traumatic amnesia, including repressed memory and delayed recovery of memories. Through an exploration of research and theories on memory, trauma and defenses, and a review of relevant court cases, guidelines are developed for practice. By following an evolving standard of care when working with trauma survivors and exercising caution with therapeutic techniques, clients can be helped and the potential for liability can be lessened.