Certified Legal Professional (CLP) Practice Exam

If a client indicates an intention to commit suicide, can an attorney disclose this information without facing discipline?

1. Yes, because it involves preventing a future crime

2. No, because it violates attorney-client privilege

3. Yes, if the attorney has history of client suicide attempts

4. No, because the attorney's action would not be beneficial

The correct answer is: Yes, because it involves preventing a future crime

The correct answer is based on the principle that an attorney has a duty to prevent harmful actions when there is a clear threat to life, which in this case is a potential suicide. If a client expresses an intention to commit suicide, this situation is typically viewed as an imminent threat that allows for disclosure. Attorneys may break confidentiality in these circumstances to alert appropriate authorities or mental health professionals in order to prevent the client from harming themselves. This is justified under the exception to confidentiality that allows for disclosure when it relates to preventing a future crime or serious harm. The other options, while they touch on related themes, do not adequately capture the rationale behind the ability to disclose. The argument around violating attorney-client privilege does not hold in the context of preventing immediate danger to life, as the safety of the client supersedes confidentiality. The notion that disclosure is contingent on prior attempts does not reflect the immediacy and seriousness of a recently expressed intention to commit suicide. Lastly, the perspective that the attorney’s disclosure would not be beneficial overlooks the legal and ethical obligation to act in response to a clear threat to a person's life.