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Ethics

: Legal Ethics Forum

Confidentiality and client suicide

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Our recent discussion on the merits of the Mass. exception permitting disclosure to prevent wrongful incarceration got me thinking about the issue of disclosure to prevent client suicide. Based on what I could discover, in Massachusetts, like in Alberta, a lawyer can only disclose where it appears that the client is incompetent or mentally unstable (2001 opinion, here). I presume such disclosure is permitted under ABA MR 1.6(b)(1) and in those states where there is a crime exception and suicide is a crime.

The commentary to the Alberta rules include the following comment:

"A lawyer should, if possible, discuss with the client whether the lawyer may disclose an apparent intent to commit suicide and, if so, to whom....The circumstances supporting an implicit authorization to disclose an intended suicide will be exceptional. ..

The lawyer's personal experience, beliefs or moral views on suicide are clearly subordinate to the lawyer's ethical obligations to maintain the confidential information of their client."

I think the client suicide presents a difficult case. Life may be a paramount value, but so is client autonomy and determination of the ends of representation. Absent incompetence, I find it hard to justify disclosure. On the other hand, I have an inuitive sense that to stand by and watch the end of a human life would be more or less unbearable.

Full post as published by Legal Ethics Forum on July 07, 2009 (boomark / email).