QUESTION:  Attorney represents clients in an estate case. Attorney’s clients’ relative died and there was confusion about ownership of real property. Attorney’s clients claim that a Quit Claim removing the relative from the property was executed before death. The successor to the attorney who prepared the deed has the file. Attorney’s clients’ would like to review the file for the purpose stated above.

ANSWER: The information in a client’s file is confidential. When a client is no longer alive to give consent to disclosure, the attorney can only disclose the information with a court order, unless the client gave express or implied consent.

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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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