Bench & Bar March/April 2025

Kentucky has about 250,000 veterans statewide or 7.2 percent of the population ages 18 and older. 2 There are at least 100 veterans residing in each of the Commonwealth’s 120 counties. 3 It is a safe bet that many practitioners already have or will have one or more veterans as clients. For purpose of state and federal benefits, the status of veteran is defined by law and there are several categories, but for our purposes a veteran is one if they have identified to you that they are a veteran. If you become interested in representing veterans before the Bureau of Veteran Affairs for purposes of ben efits, contact me, and I will be more than happy to provide chapter and verse on the classification under the various laws. 4 This article focuses on individuals who consider themselves veterans who face the risk of suicide. 5 Why the risk? There are a number of multifac eted stressors that veterans face:

HOMELESSNESS HUNGER

MENTAL HEALTH SOCIAL SERVICE NEEDS PHYSICAL ISSUES POST MILITARY SERVICE

DOMESTIC ISSUES SUBSTANCE ABUSE LEGAL ISSUES (CRIMINAL AND CIVIL)

SUICIDAL OR NOT? If a client discloses an intent to commit suicide, a lawyer’s first obli gation should be the same as that of any sensitive and understanding individual. That is, the lawyer should show appropriate concern, encourage the client to seek help, and the lawyer should counsel the client against suicide. A client who threatens suicide presents a lawyer with a difficult dilemma in trying “to balance the law’s longstanding policies con cerning the protection of human life against customary professional standards involving the preservation of client confidences and secrets.” 6 Generally, a lawyer cannot disclose actions/statements relayed to them by clients unless the client authorizes disclosure. However, the lawyer may, and should, take appropriate action to keep the client from committing suicide, and for this purpose, the lawyer may be required to reveal the client’s suicidal intent to others. If the client does not consent or agree to the disclosure after consul tation, or it is either impossible or inadvisable to consult with the client about disclosure given the situation, the question becomes whether the Rules of Professional Conduct mandate or permit dis closure without the client’s consent. 7 In Kentucky, the Supreme Court has provided guidance in the form of the following rules: KY. SUP. CT. 3.130 (1.6 AND 1.14) R.1.6 (b) (1): A lawyer shall not disclose information relating to the representation of a client unless … to prevent certain death or substantial bodily harm:…

of the practicing bar you should be aware that a suicide gesture, attempt, or threat can occur in your office at any time. This article is an effort to give you some facts, practical knowledge, and ethical considerations if the suicide poser is a client. VETERAN SUICIDE Veteran suicides average about 17 a day per Veteran Affairs. 1 This is over 8,000 veteran deaths a year which are attributed to suicide. The problem has been recognized as so serious that Congress passed The Staff Sergeant Parker Gordon Fox Suicide Prevention Program as a community-based outreach and suicide prevention program designed to reduce suicide risk and improve well-being for eligible veterans and their families. The program itself is named in honor of Staff Sergeant Gordon Parker Fox, a 25-year-old soldier, noted for his kindness to others, who died by suicide on July 21, 2020. Much local outreach is funded in whole or part by this program.

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