7.4
Duty to Report

A mental health crisis can affect a colleague’s ability to practice competently. You have a duty to report your concern to the Law Society in certain situations, as set out in Rule 7.1-3 of the Code of Conduct, as follows:

7.1-3 Unless to do so would be unlawful or would involve a breach of solicitor-client privilege, a lawyer must report to the Society:
…
(d) conduct that raises a substantial question as to another lawyer’s honesty, trustworthiness, or competency as a lawyer;
(e) conduct that raises a substantial question about a lawyer’s capacity to provide professional services; and
(f) any situation in which a lawyer’s clients are likely to be materially prejudiced.

While there may be a duty to report another lawyer when they may be suffering from a mental health crisis that affects their ability to practice, Commentary [4] to the Rule states that if you are making a bona fide effort to encourage another lawyer to seek help for such problems, you are not required to report non-criminal conduct to the Law Society that would otherwise have to be reported under the Rule. However, you are required to report to the Law Society “if there are reasonable grounds to believe that the other lawyer is encouraging or will engage in conduct that is criminal or is likely to harm any person or of any other conduct under the Rule if the lawyer refuses or fails to seek help.” See Mental Health in the Legal Profession: Your Obligations & How to Help for further information. 

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The Law Society Practice Advisors can provide confidential and free guidance on your duty to report and Assist's professional counsellors can provide confidential and free assistance to help prepare for these types of conversations.

Helping someone in a distressing situation can take a toll on your mental health. Consider what self care or supports you need to safeguard your own mental health following these interactions. 

Last modified: Friday, 26 September 2025, 2:17 PM