20000101 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000101

Rules: 4–1.6

Client-Lawyer Relationship

Confidentiality of Information

Subject: Confidentiality; Deceased Client; Estates, Wills, and Trusts

Summary: estate documents cannot be released to executor of deceased client without court order

QUESTION: Attorney represented Husband and Wife, who had been married for several years. Wife entered nursing home last year and Husband and Wife sought Attorney´s counsel for assistance with Medicaid and estate planning. Husband recently died. Attorney received a written request from an attorney representing the executor of Husband´s estate. The attorney asked Attorney to provide the Medicaid and estate planning documents and all asset information that Attorney´s office has for Husband and Wife. The attorney´s request did not include an authorization for release of information. Attorney would like to reply to the attorney´s request to provide information, but does not want to violate the client´s attorney client privilege. Who has the authority to sign a release of information on behalf of Husband´s estate at this point? What documentation, other than the Husband´s will, is Attorney permitted to provide?

ANSWER: No one has the authority to sign a release for Husband. To the extent that the information Attorney has is joint, as to Husband and Wife, Wife may consent to the release of that information. To the extent that Attorney has information that pertains solely to Husband, Attorney may not release that information unless Attorney is ordered to do so by a court, after the issue of confidentiality has been fully presented. Attorney should seek to have any such order as specific and limited as possible. Attorney may disclose Husband´s will, without violating Rule 4 dash–1.6.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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