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ARTICLE · 11 SEPTEMBER 2019

Ethical Considerations In Representing Clients At Risk Of Suicide

Montgomery McCracken Walker & Rhoads LLP
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Criminal defense attorneys often represent their clients when they are at their most vulnerable, facing an extremely stressful and often overwhelming investigation or prosecution.

United StatesCriminal Law
Lathrop B. Nelson, III
Lathrop B. Nelson, III

Criminal defense attorneys often represent their clients when they are at their most vulnerable, facing an extremely stressful and often overwhelming investigation or prosecution. As lawyers, we focus on facts and the law, but as defense counsel, we must also focus on the mental and physical well-being of our clients. Our partner Stephanie Benecchi recently addressed the ethical issues arising out of representing clients at risk for self-harm in an article, "Ethical Considerations in Representing Clients at Risk of Suicide," published in the Pennsylvania Association of Criminal Defense Lawyers' For The Defense magazine.

In the article, Stephanie examines questions relating to privilege and confidentiality, competency, and the dilemma facing a lawyer considering whether a client's risk of self-harm presents the need for an immediate referral to treatment. Regarding the latter question, Stephanie writes:

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