Bench & Bar March/April 2025

FEATURE: MILITARY LAW

R.1.14 (b): When a lawyer believes… that… a substantial physical, --- harm [suicide] unless action is taken … to protect the client … 8 These rules provide a framework for navigating these challenging situations. RULE 1.6(b)(1): CONFIDENTIALITY AND ITS EXCEPTIONS R. 1.6(b)(1) establishes the foundational principle of client con fidentiality. Ordinarily, attorneys are prohibited from disclosing information related to the representation of a client. However, this rule contains an exception: • Disclosure is permitted if it is necessary to prevent cer tain death or substantial bodily harm . In the context of a suicidal client, this exception empowers attorneys to act if they believe disclosure is necessary to save a client’s life. The rule acknowledges that the protection of life outweighs the strict duty of confidentiality in such dire circumstances. For example, if a veteran client explicitly states an intent to harm themselves, the attorney may alert appropriate authorities or a trusted individual to intervene, even without the client’s consent. PRACTICAL APPLICATION 1. Evaluate the Risk : Determine whether the client’s

disclosure reflects a serious and imminent threat of harm. 2. Minimal Disclosure : Only disclose as much information as is necessary to prevent harm. For instance, provide law enforcement or mental health professionals with the location and nature of the threat but avoid extraneous details about the client’s case. RULE 1.14(b): CLIENTS WITH DIMINISHED CAPACITY R. 1.14(b) specifically addresses situations where a client’s ability to make rational decisions is impaired. When dealing with a client that has expressed an immediate intent to self-harm: • When a lawyer reasonably believes that a client is at risk of substantial physical harm (such as suicide), they must take necessary protective actions to safeguard the client. This rule recognizes that attorneys may need to act beyond tradi tional representation when their client’s mental state renders them vulnerable. Importantly, this can be understood to cover situations where suicidal ideation compromises the client’s ability to protect themselves.

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