940013 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 940013

Rules: 1.6

Client-Lawyer Relationship

Confidentiality of Information

QUESTION: Attorney prepared a will for a decedent. The decedent´s heirs and their attorney want to discuss it with Attorney related to a will contest action. (1) Does Rule 1.6 apply after the client´s death? (2) May Attorney discuss decedent´s competency without a court order? (3) May the interested parties sign a consent for Attorney to discuss and testify without a court order? (4) What is the proper procedure for Attorney to testify under court order? (5) Is Attorney´s file open for inspection or must it be covered by the court order? ANSWER: Yes, confidentiality under Rule 1.6 is different than the attorney-client privilege. (2) No. (3) No. (4) The procedure does not matter under the rules as long as the issue is fully presented to the court. (5) The court order should be specific. Attorney may only disclose confidential information covered by the court order.

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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