QUESTION: Attorney drafted a will for client.  Client is now deceased.  The original, signed will cannot be located.  Attorney now represents an heir.  May Attorney disclose the contents of the now missing will?

ANSWER: Attorney may not disclose information, other than an actual will, that Attorney considers still valid, without a court order.  The court order must be issued after the issue of confidentiality, under Rule 4-1.6 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.

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

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