930078 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 930078

Rules: 1.6

Client-Lawyer Relationship

Confidentiality of Information

QUESTION: Attorney prepared a will for client A. During some will drafting conferences, A´s adult child was present. The will is being contested. Does the attorney client privilege apply to the conversations if the child or others were present or could hear the conversations. If the court determines the privilege has been waived, is attorney obligated to seek review. ANSWER: The attorney client privilege is a statutory privilege not within Rule 4. However, Rule 1.6 also relates to the question. That rule requires attorney to assert the confidentiality of any information relating to representation of a client. If ordered by a court to testify, attorney would not violate the rule by testifying as long as attorney had adequately presented the issue to the court.

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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