Wednesday, August 8, 2012

Aurora Shooting

WHAT IF A LAWYER KNEW HIS CLIENT WAS GOING TO SHOOT UP A MOVIE THEATRE

There has been some speculation and facts about what James Holmes’ (Aurora Theatre) university or therapist may have known before as well as what duty they had to take action. 

Clients know that what they tell their lawyer is privileged.  The lawyer is not permitted to share that information with others.  Even if a client gives the details of a terrible crime that the client committed the lawyer is not permitted to tell anyone.  But what if the information that the client shares with the lawyer involves future conduct; the client tells the lawyer he is going to cause substantial harm to himself or to someone else. 

If a lawyer reasonably believes his or her client is going to cause substantial injury to himself or to someone else, the lawyer must take reasonable steps to prevent that harm.  It could be telling the police about a crime the client is going to commit.  Or it could be calling the clients family or doctor if the lawyer reasonably believes that the client is likely to hurt him or herself.  

The penalty for not speaking up is not criminal – it is that the lawyer could be reprimanded or disbarred by the courts in Connecticut. 

Should society create a duty for a professional to come forward?

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