QUESTION
Does attorney client privilege end when a client dies?
Asked on Feb 19th, 2013 on Criminal Law - Michigan
16 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No. The only person who can waive the privilege is the client.
Answered on Feb 21st, 2013 at 1:45 PM
Litigation Attorney serving St. Louis, MO
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Probate Law Center Richard J. Keyes, PC
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The attorney client privilege does not end in Missouri upon the death of the client. However, whether the attorney client privilege is available is a question of law for the court. The party claiming the privilege has the burden of showing it is applicable.
Answered on Feb 21st, 2013 at 1:44 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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No. At least in most situations, it continues.
Answered on Feb 21st, 2013 at 1:44 PM
John J. Carney
The lawyer may not reveal the clients communications even after they are deceased.
Answered on Feb 21st, 2013 at 1:44 PM
Criminal Defense Attorney serving Bloomfield Hills, MI
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Law Offices of Marshall S. Tauber
2 Awards
No. But who can assert that privilege against the lawyer that breaches same once client dies?
Answered on Feb 21st, 2013 at 1:43 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends on the context. Usually, the answer is no. The privilege can sometimes be waived, however.
Answered on Feb 21st, 2013 at 1:43 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No. Needs to be a court order.
Answered on Feb 21st, 2013 at 1:42 PM
Landlord & Tenant Attorney serving Thibodaux, LA
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The Louque Law Firm, L.L.C.
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No the attorney client privilege survives even the attorney's death.
Answered on Feb 21st, 2013 at 1:42 PM
2 Awards
Generally no, but there may be exceptions such as access to estate planning notes and documents in a will or trust contest.
Answered on Feb 21st, 2013 at 1:41 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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No. It continues and is treated as owned by the personal representative (the executor or administrator appointed by the court).
Answered on Feb 21st, 2013 at 1:41 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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No, attorney-client confidentially is eternal and something the attorney takes with him to the grave. Just because a client dies doesn't mean the lawyer can start telling all his secrets. That would hamper the candidness and openness that a lawyer requires of a client because clients would be afraid that all would be revealed as soon as they die.
Answered on Feb 21st, 2013 at 1:41 PM
3 Awards
It depends. The estate becomes the holder.
Answered on Feb 21st, 2013 at 1:40 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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The attorney-privilege does not end when a client dies. The privilege passes to the estate, and is controlled by the executor or administrator.
Answered on Feb 21st, 2013 at 1:40 PM
Tax Attorney serving Portland, OR
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Bullivant Houser Bailey PC
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No, but in some cases the ability to waive the privilege transfers to the personal representative.
Answered on Feb 21st, 2013 at 1:40 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally not but, as always, there are exceptions.
Answered on Feb 21st, 2013 at 1:39 PM