Legal Risk Management

Legal Risk Management (See Appendix II of the manual)

1. Membership cannot be denied or terminated in the case of qualified, dues-paying candidates, unless the member

a. is unwilling to comply with a reasonable code of professional conduct, or

b. has no longer meets the association’s membership criteria, as with being convicted of a felony, sanctioned by any professional ethics body, licensing board, or other regulatory body or by any professional or scientific organization.

2. Members are prohibited from engaging in activities that could expose ASAPIL to legal risk.

3. Members owe a fiduciary duty to ASAPIL, including duties of both care and loyalty.

4. Members are required to act reasonably and in the best interests of ASAPIL.

5. Members are required to avoid negligence and fraud in relation to the association.

6. Members are required to avoid conflicts of interest (see below and Appendix I).

7. Members are required to respect confidential information.

8. Members are required to respect copyrighted material, trademarks, patents, refrain from plagiarism, etc.

9. Members should promote equity where required by law and refrain from any discriminatory practices pertaining to any aspect of the operation of ASAPIL.

10. Members should refrain from false, derogatory defamation, slanderous utterances, libelous statements, etc., about third parties.

11. Examples of other prohibited activities include, but are not limited to, the following:

a. Acting as if one has authority to represent the association in any way, speak for it, releasing position or policy statements in its name, etc., when it has not been conferred (acting from “apparent” authority);

b. Entering into legally binding relationships, such as receiving grants and executing agreements, unless they have received prior legal review and approval by the Executive Board (see below, business conflict of interest);

c. Participating in legal proceedings in the name of ASAPIL, about ASAPIL, etc., without authorization of the Executive Board;

d. Establishing or enforcing programs in ethics, accreditation, certification, credentialing, or specialty recognition (repeated below);

e. Promulgating standards, guidelines, or credentials;

f. Establishing formal referral services for consumers of psychological, legal, or related services;

g. Issuing advice or endorsements of products or services in psychology, law, or related professions without prior legal review or approval by the Executive Board; h. Certain kinds of lobbying and election activities that are expressly regulated by the U.S. Internal Revenue Code;

i. Engaging in any decision, communication, or activity that in any way undermines open and fair competition in any profession associated with ASAPIL members, or otherwise, e.g., about fee fixing.