2005-1.
Case Date | May 10, 2005 |
Court | Alaska |
An attorney represents a client charged with felony sexual assault, but realizes that the client has no credible defense. The client, however, is not interested in a plea bargain and is adamant about taking the case to trial. The client has further informed the attorney that if convicted of the felony sexual assault, the client will commit suicide rather than go to jail.Must the attorney disclose the client's stated intention to commit suicide rather than go to jail if convicted? The Committee concludes that under ARCP 1.14, the attorney may disclose the client's stated intent to commit suicide to the proper authorities (e.g., the court, appropriate mental health professionals, or appropriate detention facility personnel) irrespective of the client's custodial status, but is not required to do so.(1) The Alaska Bar Association joins the American Bar Association and the several other state bar associations that have addressed this issue. These associations have determined that disclosure of a client's suicidal intent is permissible.(2)AnalysisGenerally, an attorney may not reveal a confidence or secret concerning the representation of a client without the client's explicit or implicit consent. ARPC 1.6(a).(3) Of course, there are exceptions where the client engages in criminal or fraudulent conduct, or raises a claim against the attorney.(4) Those exceptions, however, do not apply to the facts here because suicide is not a crime in Alaska. Because no crime or fraud is involved, it may appear that Rule 1.6 prohibits the disclosure of the client's suicidal intent.(5) In our opinion, Rule 1.14(b) permits disclosure of such information and in this particular circumstance, overrides the prohibitions set forth in Rule. 1.6. Cf. 74 Conn. B.J. at 240. Rule 1.14(b) comes into play "when the lawyer reasonably believes that the client cannot adequately act in the client's own best interest."(6) In those circumstances, the lawyer either may seek the appointment of a guardian or "take other protective action." See Rule 1.14(b) (emphasis added). The...
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