20000157 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000157

Rules: 4–1.6

Client-Lawyer Relationship

Confidentiality of Information

Subject: Confidentiality; Estates, Wills, and Trusts

Summary: disclosure of probate documents to creditor's counsel

QUESTION: Attorney represents a personal representative in two decedent’s estates. The client refuses to answer the telephone, respond to mail or answer the door when Attorney knocks. In the file, Attorney has photocopies of routine statements from mutual funds and an annuity company. These funds and the annuity are assets in the two estates and Attorney has listed the assets in the Inventory and Appraisements filed with the Probate Court. The Estates have a creditor, and counsel for that creditor would like to see the statements. Attorney is concerned that the statements may be covered by attorney/client privilege. Attorney will send a letter to Attorney’s client asking for authorization to show the statements to the creditor’s counsel, but Attorney may not get any response. Are such asset statements confidential to the client?

ANSWER: The statements are confidential under Supreme Court Rule 4. Attorney may not disclose the information unless Attorney is ordered to do so by the court, after the issue of confidentiality has been fully presented.

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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