20010103 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20010103

Rules: 4–1.6

Client-Lawyer Relationship

Confidentiality of Information

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

Summary: testifying about creation and funding of trust

QUESTION: Attorney prepared a trust agreement and will for a long-time friend and client. The client has since passed away and there is a dispute concerning the trust. The parties in the lawsuit would like to take Attorney’s deposition and inquire as to the circumstances of the creation and funding of the trust agreement. Attorney is reluctant to do so because Attorney is unsure if it would be a breach of attorney/client privilege. Would Attorney violate any ethical rules by giving Attorney’s deposition?

ANSWER: Attorney may only testify or disclose other information related to the representation of the client if Attorney is ordered to do so by the court, after the issue of confidentiality is fully presented to the court. Attorney should seek to have any court order as specific and limited as possible.

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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