May lawyers reveal client information to prevent suicide? Virginia ethics counsel has guidance
A lawyer may sometimes reveal client confidences to help a client who is threatening suicide, according to an update to the Virginia State Bar’s list on frequently asked legal-ethics questions.
The topic is addressed by the state bar’s ethics counsel in “FAQ 26,” posted on Nov. 30. The Legal Profession Blog notes the advice.
According to the ethics counsel, a lawyer may take reasonably necessary protective action when the lawyer reasonably believes a client’s suicide threat is credible. The ethics rules “should be interpreted to allow the lawyer to contact the client’s family, close friends, mental health care providers, or emergency medical services personnel so that an intervention can be made to save the client from harm,” the FAQ says.
Virginia ethics rules don’t specifically address a client’s threat of suicide, the FAQ points out. But a 1984 Virginia ethics opinion said it is not improper for a lawyer to disclose to appropriate mental health authorities a client’s intent to commit suicide.
