Items filtered by date: June 2024

Introduction:

Legal professionals, particularly solicitors and barristers, often face situations where their clients are in extreme distress. One such distressing situation is when a client is at risk of suicide. This paper aims to outline the responsibilities and actions that solicitors and barristers should undertake when confronted with a client at risk of suicide. It draws on guidelines from various resources and provides practical steps to ensure client safety while balancing professional and ethical responsibilities. It is not legal advice.

Understanding the Gravity of Suicide Risk:

Suicidal ideation, whether expressed verbally, in writing, or through behaviour, should always be taken seriously. Legal professionals must recognize the signs and act promptly to mitigate risks. It is critical to understand that the disclosure of suicidal thoughts is a cry for help, and timely intervention can save lives.

Ethical and Legal Responsibilities:

The protection of client confidences is a significant responsibility imposed on lawyers. According to Rule 1.6(a) of the Rules of Professional Conduct, lawyers are generally prohibited from revealing information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized, or the disclosure is permitted by Rule 1.6(b). Specifically, Rule 1.6(b)(3) allows for the revelation of information to prevent reasonably certain death or substantial bodily harm​​​​.

Steps for Managing Clients at Risk of Suicide:

1. Immediate Assessment and Response
   • Take the Threat Seriously: Any disclosure suggesting suicidal ideation must be treated seriously. Assess the immediacy and specificity of the threat.
   • Contact Management: Discuss the situation with a manager or peer to agree on the next steps, which may include contacting emergency services if the threat is imminent​​.
2. Establishing a Contract of Care
   • Duty of Care Explanation: Clearly explain to the client the duty of care and the potential need to contact third parties, such as a GP, if they are at risk.
   • Safety Plan: Develop a safety plan with the client that includes measures to keep them safe, reminders of positive aspects of their life, supporting factors, and emergency contacts. Ensure both the solicitor and client have records of this plan​​.
3. Breaking Confidentiality
   • When Necessary: If the risk is immediate and the client does not consent to disclosure, the solicitor may need to contact the client’s GP or emergency services without consent. Document the rationale for this decision thoroughly.
   • Lawful Basis for Disclosure: Rule 1.14(b) permits the disclosure of confidential information when the lawyer reasonably believes the client’s suicide threat is credible. This is considered "impliedly authorized" under Rule 1.6(a). The decision to disclose should consider the likelihood of harm, the irreversibility of consequences, prior dealings with the client, and the potential adverse effects on the client​​.
4. Engaging Mental Health Professionals
   • Consultation: Lawyers may consult mental health professionals to evaluate the credibility of a suicide threat. The disclosure should be no greater than necessary to obtain an opinion. Resources like the National Suicide Prevention Lifeline can provide guidance​​​​.
5. Documentation and Follow-Up
   • Thorough Documentation: Keep detailed notes of all conversations and actions taken. This ensures a clear record of the steps taken to address the client’s safety.
   • Follow-Up: Regular follow-ups with the client are crucial to monitor their well-being and ensure ongoing support​​.

Resources for Support:

• Samaritans: A listening service for individuals in distress (Phone: 116 123).
• NHS Urgent Mental Health Helpline: Provides local mental health support (https://www.nhs.uk/service-search/mental-health/find-an-urgent-mental-health-helpline).
• C.A.L.M: A helpline for emotional support available from 5 pm to midnight (Phone: 0800 585858).
• Papyrus: Support for young people under 35 struggling with suicidal thoughts (Call: 0800 068 4141)​​.

Conclusion:

Managing clients at risk of suicide is a complex and sensitive responsibility for solicitors and barristers. It requires balancing ethical obligations, legal responsibilities, and the need to protect the client’s well-being. By following established guidelines, maintaining open communication, and utilizing available resources, legal professionals can provide the necessary support to clients in crisis, potentially saving lives while upholding their professional duties.

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Paul Chiy LLB, LLM, PhD, FCIArb, FCILex Barrister

Dr. Paul Chiy is a Barrister and Arbitrator practicing in England, Wales, France, and Cameroon. Admitted to the Roll of Solicitors in 2007, he became a Solicitor Advocate in 2011. Dr. Chiy regularly appears in the High Court, County Courts, and Magistrates Courts across England and Wales, representing both Claimants/Applicants and Defendants/Respondents.

Appointed as a Lay Magistrate on the Cambridge Bench by the Lord Chancellor in 2004, he remains on the Supplemental List for England and Wales. Dr. Chiy founded the Opportunity Foundation to promote social mobility and established Social Justice Partnerships to foster collaboration on social justice issues. He is authorised by the Bar Council for direct public access,. This further demonstrates his deep commitment to the legal profession and social justice.