Check_It_Out
Junior Member
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:
Rules Regulating The Florida Bar: RULE 4-1.6 CONFIDENTIALITY OF INFORMATION
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.
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:
Rules Regulating The Florida Bar: RULE 4-1.6 CONFIDENTIALITY OF INFORMATION
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.