Can a lawyer disclose that a client has said they intend to commit suicide?

Plain-English summary

The committee was asked whether a lawyer may disclose a client's expressed intention to commit suicide. It answered yes, with the analysis turning on how the lawyer learned of the intent and balancing the protection of human life against the duty to preserve confidences.

The committee first distinguished the source of the disclosure. If the client's statement was unrelated to legal advice the client had sought, Canon 4 does not apply; the lawyer's position is no different from that of any friend or confidant and the lawyer is free to take whatever steps he deems appropriate, including disclosure. Where the disclosure occurred in the course of the representation, the information is confidential or at least a "secret" within DR 4-101(A) and may not be revealed unless an exception applies. The committee turned to the exception in EC 4-2 and DR 4-101(C)(3) permitting disclosure of a client's intention to commit a crime and the information necessary to prevent it. That exception would apply directly in states where attempted suicide remains a crime; in New York, however, attempted suicide is no longer a crime.

The committee held that the 1919 decriminalization of attempted suicide in New York did not change the underlying common-law and statutory policy of protecting human life and preventing suicide, but rather pursued the same ends by other means. It found that policy determinative, treating an announced intention to commit suicide like proposed criminal conduct under DR 4-101(C)(3). Consistent with the permissive character of that exception, the committee recognized the lawyer may sometimes properly elect to remain silent, giving the example of a client of apparently sound mind contemplating suicide to avoid a lengthy, painful terminal illness. In sum, the lawyer's response depends on the circumstances: where the disclosure may be a cry for help, the lawyer should counsel the client sympathetically and encourage help, and may reveal the intent to others; but disclosure of a confidence obtained in the representation should not be made unless the lawyer reasonably believes it necessary to prevent the client from taking his life. The question was answered in the affirmative.

Currency note

This opinion was issued in 1978, before New York replaced the Code of Professional Responsibility with the Rules of Professional Conduct in 2009 (confidentiality and its exceptions are now governed by Rule 1.6, and representation of a client with diminished capacity by Rule 1.14). New York's Rule 1.6(b) now contains its own list of permissive disclosure exceptions that should be consulted directly. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer warn others that a client intends to commit suicide?

A: Under this opinion, yes, when reasonably necessary to prevent the client's death. The committee permitted disclosure of a confidence learned in the representation where the lawyer reasonably believes disclosure is necessary to prevent the client from taking his life.

Q: Does it matter how the lawyer learned of the intent?

A: Yes. If the client mentioned it outside seeking legal advice, Canon 4 does not apply and the lawyer may act like any concerned confidant. If it came up in the representation, it is confidential and disclosure is permitted only under the exception the committee recognized.

Q: Is the lawyer ever permitted to stay silent?

A: Yes. The committee said the exception is permissive, and noted circumstances, such as a sound-minded client avoiding a painful terminal illness, where the lawyer could properly decide not to disclose.

Citations and references

Rules of Professional Conduct:

• MR 1.6 (confidentiality of information, including exceptions to prevent death or substantial bodily harm)
• MR 1.14 (client with diminished capacity)
• NY Canon 4; EC 4-2, EC 7-11, EC 7-12; DR 4-101(A), DR 4-101(C)(3)

Statutes:

• N.Y. Revised Penal Law section 120.30 (promoting a suicide attempt), cited by the opinion

Cases:

• Commonwealth v. Root, 191 Pa. Super. 238, 156 A.2d 895 (1959), quoted on the law's policy of protecting human life

Other opinions cited:

• N.Y. State 405 (1975): disclosure of a client's intended crime
• N.Y. State 479 (1978), N.Y. State 466 (1977): principles a lawyer must uphold by the nature of the office

See also

• NY State Bar Op. 485: Legal Aid disclosing client confidences to a research group
• NY State Bar Op. 496: Disclosing a guardian's defiance of a court order
• NY State Bar Op. 490: Status reports to a legal aid board with nonlawyer members

Source

• Landing page: https://nysba.org/opinion-486/