One of an attorney’s most serious responsibilities is respecting client confidentiality. However, a still greater responsibility is protecting the client’s life.

Last year, the State Bar of Texas rightly voted to amend the Texas Disciplinary Rules of Professional Conduct to allow lawyers to disclose confidential information “when the lawyer has reason to believe it is necessary to do so in order to prevent the client from dying by suicide.” (Rule 1.05. Confidentiality of Information)

The amended rule went into effect this year, allowing Texas attorneys to help their clients get the assistance they need to prevent suicide.

Here’s what attorney Skip Simpson said in support of the rule change:

“It may be one of the most dangerous situations—a client who is considering killing himself or herself. Should the lawyer reach out for assistance to prevent a suicide attempt? The answer is yes—and the lawyer needs a confidentiality of information exception to permit disclosure to prevent client death by suicide.

Lawyers may be confronted with clients who are so despondent about their circumstances that they state they are considering “leaving this earth,” “just disappearing,” or something else that worries the lawyer.

In those cases it is appropriate to ask the client, “Are you suicidal?”

Once the lawyer has started screening for suicidal thinking, the lawyer cannot be hampered by the notion of confidentiality. Even for mental health specialists, where there are concerns that the patient may be at risk for suicide, confidentiality is trumped by the need to save a life. Information from family, for instance, may be lifesaving; at such times, confidentiality must be broken.

The U.S. surgeon general and the National Action Alliance for Suicide Prevention issued the National Strategy for Suicide Prevention. Goal 7 of the report includes lawyers as professionals whose work brings them into contact with clients with suicide risk. The goal is to train lawyers on how to address suicidal ideations and on how to respond to those affected.

Part of responding to clients affected by suicidal thinking is reaching out for assistance.”

Originally published in the Texas Bar Journal, February 2021.

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