I'm not sure I think this is such a good idea, but for less "legal" reasons. In my (admittedly limited) experience, good therapy requires a solid relationship between the client and clinician. A lot of information for this relationship comes from nonverbal cues-- eye contact, body position, tone of voice, etc. Often, when people use email, messages are easily misunderstood. Even with the quirky smiley faces, it's sometimes hard to understand what a person really means when you cannot hear the inflection in their voice. I think it would be extremely difficult to help a client when I couldn't see their reaction to their own words and mine.
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