20050021 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20050021

Rules: 4–1.6

Client-Lawyer Relationship

Confidentiality of Information

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

Summary: providing deceased client's file to the personal representative

QUESTION: Attorney prepared a will and deeds for a client. The client has since died. The attorney representing the personal representative of the deceased client has requested that Attorney turn over a copy of the file, or the original file to the personal representative. May Attorney turn over the deceased client’s file to the personal representative or to the attorney for the personal representative?

ANSWER: Attorney may not disclose information, other than an actual will Attorney considers still valid or a deed that has been recorded, without a court order, unless the client gave express consent to further disclosure. The court order must be issued 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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