980080 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri



Informal Opinion Number: 980080

Rules: 4–1.6

Client-Lawyer Relationship

Confidentiality of Information

QUESTION: Attorney has been served with a subpoena requiring Attorney to deliver the contents of Attorney´s client files. Attorney has filed a Motion to Quash Subpoena asserting attorney-client confidentiality. One of the clients is now deceased. Does Attorney have to answer questions about the file if the Judge orders Attorney to do so?
ANSWER: If a judge orders Attorney to testify, after Attorney has fully raised the issue of confidentiality, Attorney may do so without violating Rule 4 dash–1.6. As an alternative to complying with the judge´s order, Attorney may also seek any available appellate review. If the judge does order Attorney to testify, produce documents, or both, Attorney should seek to have the order as specific and limited as possible.

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.

Request an Informal Opinion.