Monday, May 26, 2008

If a lawyer thinks their client is suicidal what should they do? -

A friend of mine who is a new lawyer thinks her client may be suicidal. Should she contact authorities? Risk breaking attorney client priviledge?

doctor-patient; attorney-client; husband-wife privileges only exceptions are when a person seems to be a danger to themselves or someone else. You can even tell your friend to check with the Bar Admissions office of their state to double check it wouldn t risk the attorney client privilege. If someone shows tendencies of being a danger to themselves or others, yes, it should absolutely be reported for their safety and well-being.

I do not think this is a huge ethical problem. Your friend s privilege obligations focus more upon not disclosing her client s conduct or legal dealings. It is more of a problem if you think they may commit an offence - I have been faced with this a few times and never had a satisfactory answer. You obviously have an obligation to keep matters disclosed to you confidential, however you have a right to disclose in your client s interests as well. If you know who their physician is I would call him / her to see if the client can be assessed professionally. If the problem is acute a referral to a third party mental health assessment team may be necessary. Depending upon the jurisdiction this may be made anonymously. Check this with the state bar / law society as exact rules will vary from state to state. Good luck, this is never easy.

its all about looking after the clients best interests. If the client kills themself and the lawyer knew he or she was suicidal and did nothing to intervene that would be a damn shame! Yes please do something contact the local authorities and get help for this poor person asap!

recommend a good psychiatrist to the client

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