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Cases 1 through 3 involved situations with clear legal authority; however, often mental health professionals will encounter circumstances in which the solution must rely on ethical principles as well as legal standards (Werth, Burke, & Bardash, 2002).For example, in some situations, the legal standard may allow disclosure, whereas clinical issues or the mental health of others may lead to an ethical decision in favor of nondisclosure.His medical condition forced him to give up his own apartment and move in with his divorced father, who had plans to marry again, this time a woman with two children, none of whom Sam liked. D., Sam discussed his sadness about his mortality, unhappiness about the impending living situation, and resulting thoughts about suicide. In this case, the therapist made efforts to assist the survivor of a family member’s suicide to cope.Despite excellent clinical care and suicide precautions, Sam killed himself without reporting increased suicidal ideation or giving a hint of warning to anyone. The father readily understood and had known about these issues through discussions with his son over the prior months.Public cases are documented with media or legal citations.
Part of the note read, "I was not meant for the job or the spotlight of public life in Washington.The case quickly reached the Supreme Court, which deemed communications between a client and a lawyer protected by attorney-client privilege even after the client's death by a 6 to 3 vote. In some circumstances, courts may order opening a deceased person’s mental health records.The majority opinion written by Chief Justice Rehnquist noted that, “A great body of case law and weighty reasons support the position that attorney-client privilege survives a client's death, even in connection with criminal cases” (Swidler & Berlin and James Hamilton v. Case 3: Author Diane Middlebrook set out to write a biography of then-deceased Pulitzer Prize winning poet Anne Sexton with the permission of Sexton’s family (Middlebrook, 1991). Examples might include assisting an inquest seeking to rule on suicide as a cause of death or to determine the competence of a person to make a will should heirs dispute the document at probate.Fiske and Kenneth Starr, his death was ruled a suicide. Foster had met with James Hamilton, his personal attorney. Starr, the Special Prosecutor investigating the Clinton Administration, sought grand jury testimony from Foster’s lawyer. Middlebrook sought access to them to assist in her writing. Orne’s release of the audiotapes caused considerable debate within the profession despite authorized release (Burke, 1995; Chodoff, 1992; Goldstein, 1992; Joseph, 1992; Rosenbaum, 1994).Foster’s family refused to waive the deceased man’s legal privilege and Hamilton declined to testify. served as Sexton’s psychotherapist for the last years of her life. Orne had tape recorded the sessions so that Sexton, who had a history of alcohol abuse and memory problems, could listen to them as she wished. Linda Gray Sexton, the poet’s daughter and executrix of her literary estate, granted permission, and Dr. Unlike the Simpson and Foster cases, the Sexton case involved release of the audio records approved by a family member with full legal authority to grant permission.