11.06.01. Prevent Reasonably Certain Death or Substantial Bodily Harm

The first exception (Rule 1.6(b)(1)) provides that a lawyer may reveal client confidential information “to prevent reasonably certain death or substantial bodily harm.”  This exception “recognizes the overriding value of life and physical integrity….”[1]  This exception covers two scenarios: (1) where the lawyer reasonably believes that a client is going to engage in immediate conduct that will result in death or substantial bodily harm; and (2) where “there is a present and substantial threat that a person will suffer such harm at a later date if the lawyer fails to take action necessary to eliminate the threat.”

Lana Lawyer represents Environmental Toxins, a company that specializes in disposing of toxic waste.  The company follows federal regulations regarding disposal of the waste.  However, one of the employees recently informed Lawyer that she accidently disposed of a barrel of untreated toxic waste in a local river that supplies water to the local town.  There is a substantial risk that those who drink the water will suffer a life-threatening or debilitating disease.  May Lawyer disclose this information to authorities in the town even if the owner of Environmental Toxins tells Lawyer not to disclose the information? [ABA Rule 1.6, Comment [6]]

Yes.  Because the harm the contamination will result in a present and substantial chance of harm, Lawyer may disclose this information to the town over the client’s objections.

[1] ABA Rule 1.6, Comment [6]