Day archives: October 11th, 2014

Clients and Suicide: The Lawyer’s Dilemma

Ken Strutin’s article discusses an increasingly visible issue, suicide, here in the specific context of criminal law. He reviews how the stress of prosecution or litigation, whether it means risking a prison term, unemployment, bankruptcy, eviction, broken family relations, isolation, or other serious consequences can create or exacerbate a vulnerable and dangerous state of mind in a client. Client suicidal thoughts, attempts or actions expose the intimacies of human autonomy and test the limits of the attorney-client relationship. They cross a range of legal, moral and medical contexts: professional responsibility, client confidentiality, effective assistance of counsel, legal malpractice, criminal liability, and end of life issues. So it is that attorneys confronted with signs of suicidal intentions in their clients need to be conscious of their legal and ethical responsibilities. Strutin’s article is a significant guide for researchers, as it collects notable materials on this complex and sensitive topic, including ethics opinions, law reviews, bibliographies and other resources.

Subjects: Criminal Law