Legal Question in Legal Ethics in Pennsylvania

During a psychological assessment, a client reveals that he smuggled cocaine into the United States just before voluntarily entering a drug treatment. what should be a response?


Asked on 7/01/11, 9:27 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

Are you a lawyer or a psycologist? Either way, that information should remain confidential between the client and the professional. If a client told this to a lawyer, the information would be protected by the attorney-client privelege. A lawyer is generally only required to reveal information if the client tells him he intends to commit a crime in the future. As to the duty of the psychologist, it really depends on the nature of the psycological assessment. Who requested it and who paid for it? The issue is whether a patient/doctor relationship existed, in which case the revelation should be confidential. Further, if the assessment was performed at the request of the client's lawyer in connection with litigation, i still believe the information is privileged as attorney work product. Under any circumstances, since the person is now undergoing or has undegone drug treament, why would you want to destroy his life by revealing a past crime told in confidence. Unless the client is presently being charged with drug smuggling, and you were called to testify in court, I don't believe that there should be any response on the part of the professional. That is my opinion--other lawyers may disagree. In the end, it all depends on the reason for the psychological assessment.

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Answered on 7/01/11, 10:16 pm


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