Rule 9.2.5 of the Australian Solicitors Conduct Rules 2012 (Qld) states that you may disclose confidential client information if you do so for the purpose of preventing imminent serious physical harm to the client.
This exception in the Rule is permissive but doesn’t require you to take any action.
Determining such a threat is a matter of common sense and ‘sound judgment’. The solicitor should consider:
- The seriousness of the potential injury;
- The imminence and likeliness of the harm occurring;
- The absence of other feasible ways to prevent the harm.
If in doubt, consider seeking the views of the QLS Ethics and Practice Centre, colleagues or a QLS Senior Counsellor. Please also see this Note on responding to threats of imminent serious physical harm.
The exception to the rule would appear to allow you to approach an appropriate health professional, GP or potentially, police for help. It may be necessary to ask them to intervene, and to provide them with details of your client, even without the client’s consent. However, your client may be more cooperative when later contacted by these people if you do seek their consent (if this is possible) or made aware that you intend to do so.
It is important to note that the details disclosed should be limited to the information required to deal with the threat.