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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