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:
Ultimately, the decision whether to disclose is a deeply personal one, depending on the unique relationship between each client and attorney. My hope is that the information here will empower some of you to discuss treatment options with your client in a way which helps your client assess the risks and benefits of and access to mental health services.
Neither you, as lawyer, nor your client facing criminal investigation or prosecution, is alone. There are resources and guidance to assist you to help protect your client’s legal rights and, most importantly, physical and mental health.