Legal professionals do not have a duty to intervene if they become aware that a client may be suicidal.

Several years of litigation ensued as a result of a 2008 uninsured motorist collision with a car driven by Andreasen, leaving him permanently disabled. On March 10, 2019, Andreasen committed suicide. His brother, in his personal representative capacity, brought a wrongful death and survival lawsuit against Andreasen’s attorneys from the uninsured motorist case, claiming their negligence and malpractice was the proximate cause of his brother’s suicide.

The long years of litigation were related to claims against Andreasen’s insurer for failing to allow stacking of his uninsured motorist coverage and his former attorneys for allegedly not competently litigating his claims against the insurer and allowing the claims to lapse. Andreasen’s brother argued this alleged lack of reasonable care and professional skill by the attorneys prevented him from being able to pay for his ongoing treatment and medication from the accident. He alleged this pain is what drove Andreasen to suicide. The trial court dismissed the complaint, ruling that Andreasen’s attorneys did not have a legal duty to prevent his suicide. The brother appealed.

The Third District Court of Appeals affirmed. Specifically, the district court focused on the fact that the complaint failed to allege that the attorneys were aware that Andreasen was suicidal or that they had any duty, obligation, or legal ability to supervise his daily activities. Furthermore, while some district courts have determined that medical professionals in certain instances may have a duty to intervene if they become aware that a patient may be suicidal, that duty does not extend to legal professionals.

_{Legal Update for Lawyers’ Professional Liability – January 2023 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2023 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.}