While the vast majority of lawyers are not trained mental health professionals often they find themselves in a position of influence, acting in the role of a situational or accidental counsellor. Sometimes this may even involve managing a suicide risk conversation with a vulnerable client.
Picture this. You, as a legal professional, are at your desk, busy as always with the usual deadlines looming for a number of pressing matters. Unexpectedly, a call is put through to you from a current client. You take the call and greet your client. You notice the client is upset.
As professionals we are well practised in our soft legal skills of trying to put the client at ease and you calmly ask, ‘how can we help you today?’. After your client says a few terse words, the conversation suddenly turns on a more serious note when they say, “if we don’t win and get this right I am going to do myself in. I mean it.”
Having someone disclose self-harm to you can be very daunting.
This article sets out the steps on how you might be able to assist your client when they disclose an intention to harm themselves.
If you feel the client is at immediate risk of harm, call emergency services (000)
Your time with the client may be limited (for example, they may hang up before the conversation ends and not be contactable). If you are worried about the client, you can contact the police and request they do a welfare check on the client. Be prepared that you will likely be asked to tell them where you think the client is, and to give a description of the client (including what they were wearing if you saw them in person).
If you have more time with the client, here is how we recommend you respond to their disclosure of self-harm: stay calm and listen.
Often the client is disclosing to their solicitor because they trust you and you’re the one who has been aware of their circumstance and need for help. After all, we as solicitors are often privy to personal and sensitive client information.
It is prudent to recognise that legal matters can be very stressful for those involved, and that thoughts of suicide may occur when people feel trapped or feel their situation is hopeless. Know also that some clients may have their own trauma histories that you may not necessarily be aware of. A current legal matter may exacerbate or trigger an already high trauma load that your client is carrying. It is therefore not unusual to have distressed clients expressing thoughts of suicide.
After receiving a disclosure, we recommend that you respond to the client by:
- Listening and encouraging them to talk about their situation. You can try reassuring that the situation will improve, reminding them that they are not alone in this matter, and that you and your legal staff are working for their benefit.
- Showing empathy for their situation and taking them seriously.
- Ensuring that they are not alone. Where possible, arrange for a family member or friend to be with them until they can receive further assistance.
- Discussing the ways that you can get them help and if they agree to follow up and get that help (for example, contact their doctor or call the Mental Health Emergency Response Line or crisis hotline for advice). You could also arrange with the client to have a face- to- face meeting in your office or a suitable place to go over their matter and clear up any problems.
In addition to the above steps, we also recommend that you notify your supervisor and that you document the disclosure as soon as practicable.
Examples of high-risk indicators
Bear in mind that those at the highest risk of self-harm often have: a specific plan, the means to carry out the plan, a time set for doing it, and an intention to do it. Being alone also significantly increases that risk.
Where you can, it may be helpful for you to assess whether the client has:
- a self-harm/ homicide plan
- the means to carry out their plan (e.g. a weapon or medication)
- intention to follow through with their plan, and
- whether they are alone.
Again, if you feel the risk to your client is imminent, call 000.
There may be other factors that increase the likelihood that risk to themselves or others will occur. These include:
- the client having a history of violence or mental illness
- the client having access to firearms
- the involvement of children, minors or other vulnerable adults.
If you are aware of any such factors, you should quickly:
- call police (if you are concerned the client is at risk of harming others)
- call the crisis and response team at the Mental Health Emergency Response Line nearest to where your client lives (if you are concerned they are at risk of harming themselves).
What about my confidentiality obligations?
Solicitors have a duty not to disclose any information which is confidential to a client and acquired by the solicitor during the client’s engagement to any person (Rule 9 of the Australian Solicitors’ Conduct Rules).
Receiving a disclosure of self-harm will however, most likely require you to contact a third party (such as the police or mental health provider) and in doing so, disclose information to enable them to effectively assist your client.
Fortunately, Rule 9.2.5 provides an exception to the confidentiality rule, allowing a solicitor to disclose information for the purpose of ‘preventing imminent serious physical harm to the client or another person’.
Rule 9.2.3 is also relevant. It allows the solicitor to then disclose information in a confidential setting, for the sole purpose of obtaining advice in connection with the solicitor’s legal or ethical obligations.
For example, calling a mental health service provider on how you should deal with a disclosure of self-harm from a client would be covered by this Rule 9.2.3, meaning a solicitor making such a disclosure would not be in breach of their obligations.
Assistance for you
Legal practitioners are frequently exposed to vicarious trauma.
Law Access has a number of resources for lawyers relating to trauma informed legal practice including a self-care booklet on vicarious trauma, designed specifically for lawyers dealing with vulnerable clients.
National Legal Aid has also created the With You Trauma-Informed Organisational Toolkit.
On the Law Society’s website you will find the Health and Wellbeing Hub where you can find crisis support and longer term support when self-help is not enough.
Law Society members can also access the member assistance program, Law Care WA. Law Care WA provides an opportunity for members to speak to a mental health professional foe support with personal and work-related issues that may impact your job performance, health, mental and emotional well being.
Other resources
- Health Direct – suicide warning signs
- Beyond Blue – Prevent suicide
- Conversations Matter – when someone is thinking about suicide
- Mental Health Commission of WA
- Law Society of WA Health and Wellbeing Hub – providing support
- Law Society of WA Health and Wellbeing Hub – finding support
This article originally appeared on LSJ Online in NSW and has been adapted for a Western Australian audience.
