What may a Missouri lawyer do when a client threatens suicide?

Plain-English summary

Rule 4-2.1 permits advice based on relevant moral and social considerations and supports recommending consultation with another professional when a competent lawyer would do so. The lawyer may initiate advice that appears to serve the client's interests.

The threat remains confidential. Disclosure is permitted with informed consent, when required by other law or court order, or to the extent reasonably necessary to prevent death or substantial bodily harm reasonably certain to occur. That standard includes imminent harm and a present substantial threat of later harm if the lawyer does not act.

The decision uses professional judgment based on all known circumstances. Rule 4-1.6 permits rather than requires disclosure, and any disclosure is limited to what is reasonably necessary. Rule 4-1.14 may authorize other protective action if diminished capacity is present.

In practice

Under this opinion, the lawyer may combine direct advice and referral with a narrowly tailored confidentiality exception. The opinion does not decide whether outside law independently compels a report.

Common questions

Q: May the lawyer recommend mental-health help?

A: Yes, when a competent lawyer would recommend consultation with another professional.

Q: Does Rule 4-1.6 require disclosure?

A: No. It permits disclosure within the stated exception.

Q: How much may be disclosed?

A: No more than the lawyer reasonably believes necessary for the preventive purpose.

Background and rules framework

Rule 4-2.1 governs advice, Rule 4-1.6 governs consent and harm-prevention disclosure, and Rule 4-1.14 addresses possible diminished-capacity protective action.

Citations and references

Rules of Professional Conduct:

• Missouri Rules 4-1.0(e), 4-1.6(b)(1), 4-1.6(b)(4), 4-1.14, and 4-2.1
• Missouri Rule 4-1.6 Comments [2], [6], [12], and [13]; Rule 4-2.1 Comments [4] and [5]

Other opinions cited:

• Missouri Informal Opinion 2019-05

See also

• Missouri Informal Op. 2019-05: Client Threatening Harm
• Missouri Informal Op. 2020-27: Diminished-Capacity Discharge

Source

• Landing page: Missouri Informal Opinion 2020-03

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: In a conversation with Attorney, Client has threatened suicide. What is Attorney ethically obligated or permitted to do?

ANSWER: In representing Client, Rule 4–2.1, Advisor, permits Attorney to refer not only to law but to other considerations such as moral and social factors that may be relevant to Client’s situation. Comments [4] and [5] to Rule 4–2.1 provide guidance that where consultation with a professional in another field is something a competent lawyer would recommend, Attorney should make such a recommendation. Although an attorney ordinarily has no duty to give advice the client has indicated is unwanted, Attorney may initiate such advice to Client if doing so appears to be in Client’s interest. Client’s statements to Attorney are confidential per Rule 4–1.6. If Client grants specific informed consent for Attorney to disclose client’s threats to one or more individuals or entities who may be able to assist Client, Attorney may do so. See Rule 4–1.6, Comment [2]; see also Rule 4–1.0(e) and Comments [6] – [8] (regarding “informed consent”). Without Client’s informed consent, Rule 4–1.6 permits Attorney to disclose Client’s threats to the extent required by other law or a court order. Rule 4–1.6(b)(4). Whether Attorney has any such legal obligation is a question of law outside the scope of the Rules of Professional Conduct. Rule 4–1.6(b)(1) permits Attorney to disclose Client’s threats to the extent reasonably necessary to prevent death or substantial bodily harm that is reasonably certain to occur. Death or substantial bodily harm is reasonably certain to occur if it will be suffered imminently or if there is a present and substantial threat that a person will suffer such harm at a later date if the lawyer fails to take action necessary to eliminate the threat. Rule 4–1.6, Comment [6]. The decision as to whether Attorney reasonably believes disclosure is necessary to accomplish the purpose specified in Rule 4–1.6(b)(1) will require the use of Attorney’s professional judgment in light of all the circumstances known to Attorney. See Informal Opinion 2019–05; see also Rule 4, Scope, at [14]; Rule 4–1.6 permits, but does not require, disclosure in accordance with paragraph (b). Rule 4–1.6, Comment [13]. Any disclosure per 4–1.6(b) should be no greater than what Attorney reasonably believes is necessary to accomplish the specified purpose. Rule 4–1.6, Comment [12]. If Attorney believes Client is suffering from diminished capacity because of mental impairment, or for some other reason, Attorney should review Rule 4–1.14, Client With Diminished Capacity. Rule 4–1.14 may permit Attorney to take other reasonably necessary protective action to protect Client from substantial physical, financial, or other harm if Client is unable to act in his or her own interest.