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Thread: Confidentiality/Ethical Questions

  1. #1
    Check_It_Out is offline Junior Member
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    Oct 2009
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    Confidentiality/Ethical Questions

    What is the name of your state (only U.S. law)? Florida

    I have what I consider to be a tough ethical question, one which might be unpleasant in this forum, but due to a need for anonymity until I know the implications, I find myself unable to seek this advice directly from my attorney.

    Long story short, I have a debilitating medical condition. It is however, not terminal. I am mentally competent and of sound mind. I have exhausted all treatment options over a long period of time. With a great amount of forethought, I have decided to end my life. I know many of the things I must do in preparation for that day, it is very important to me that certain wishes are carried out after and that I not miss any details. Hence, my need to discuss it with my own attorney with full honesty and disclosure.

    Here is where my questions come in. I have attempted to do my own research but have not found suitable answers elsewhere online.

    Under the Rules Regulating The Florida Bar, RULE 4-1.6 CONFIDENTIALITY OF INFORMATION states under subsection b:

    (b) When Lawyer Must Reveal Information. A lawyer shall reveal such information to the extent the lawyer reasonably believes necessary:

    (1) to prevent a client from committing a crime; or
    (2) to prevent a death or substantial bodily harm to another.

    Full text available here:
    [url=http://199.44.15.93/divexe/rrtfb.nsf/FV/B80FAEA5F6E3A0F1852571710049B036]Rules Regulating The Florida Bar: RULE 4-1.6 CONFIDENTIALITY OF INFORMATION[/url]

    Question #1 Is suicide still considered a crime in Florida? Some states seem to still have this on the books but I can find no reference in the Florida statues other than as they relate to assisted suicide which is not applicable in my circumstance.

    Question #2 Would my attorney be obligated to reveal my suicide plans were they to be disclosed to him? The phrase "to prevent a death or substantial bodily harm to another" seems to be a little ambiguous to me. Specifically the use of the word "another". I realize the implications of the statement should I threaten some other person with death or bodily harm. Does the term "another" apply only to others outside of our attorney/client relationship or would it also apply to me from only his perspective?

    I am not here to debate or cause problems, I would just appreciate some thoughtful feedback or links pointing me in the proper direction to any existing precedents.

    Thank you for your time.

  2. #2
    Some Random Guy is offline Senior Member
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    Feb 2005
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    I disagree strongly with your decision to end your life. I would suggest that you speak with a counselor about it before doing anything that cannot be undone. The pain for your relatives is something that just doesn't go away - at least not in the last 15 years by my experience.

    But there is no reason for you to not make plans for your eventual departure with your lawyer. As a person with a chronic disease, there is no need to further justify yourself to your hired hand.

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