QUESTION OF ETHICS

Q My client has recently been sentenced to a long prison sentence.

He has written to me from prison, saying that he is contemplating suicide.

This is, of course, confidential information - should I tip off the prison that he might be a suicide risk?A There is no obligation on you to tell the authorities.

As you say, your client wrote to you as his solicitor and the professional duty of confidentiality will apply to the content of the letter.

The notes to principle 16.02 in the Guide to the Professional Conduct of Solicitors, 1999, eighth edition, list the exceptional circumstances which override confidentiality.

These include a threatened criminal act, which is likely to result in serious physical harm.

Suicide does not involve a breach of the criminal law.

However, the threat may be indicative of depression or at any rate that your client is in need of help.

We think it is unlikely that you would be criticised in conduct if you took a reasoned view that you should alert the prison to the threat by your client.

Please noteInvestment BusinessOn 1 December 2001, the Financial Services Authority became the sole regulator under the Financial Services and Markets Act 2000.

Most firms that were previously doing non-discrete investment business only will not need authorisation under the new Act.

Such firms will automatically be covered by the Law Society's status as a designated professional body, no application to the Society is required.

All these firms should already have deleted from their notepaper any statement about authorisation or regulation by the Society in the conduct of investment business.l Question of ethics is compiled by the Law Society's professional ethics guidance team.

Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch;tel: 020 7242 1222.