When can a lawyer disclose information to prevent death or substantial bodily harm?

A lawyer can disclose information to prevent death or substantial bodily harm if the lawyer reasonably believes that such disclosure is necessary. This principle is rooted in the ethical duty to uphold client confidentiality, which is fundamental to the attorney-client relationship. However, exceptions exist when there is a significant risk of harm to individuals.

In this scenario, the standard revolves around the lawyer's reasonable belief concerning the necessity of disclosure to prevent the imminent threat of death or substantial bodily harm. This means that a lawyer must assess the situation based on the facts available to them and make a judgment about the potential danger involved. If they reasonably conclude that disclosure could avert a serious risk of injury or loss of life, they are ethically permitted to take that action.

The other options do not align with this understanding of the law. For example, disclosing information based solely on a minor threat perceived does not meet the threshold of needing to prevent substantial harm. Furthermore, requiring client consent prior to any disclosure contradicts this exception, as the need to act against imminent threats often necessitates immediate action without waiting for consent. Lastly, a lawyer does not need to wait for a formal complaint from the client before disclosing information in situations involving the prevention of harm, as this could impede timely action necessary to avert