May a lawyer testify about a deceased client’s trust planning in a later trust dispute?

Plain-English summary

A lawyer drafted a will and trust for a deceased client, and parties disputing the trust wanted a deposition about its creation and funding.

The opinion permits testimony or other disclosure about the representation only under a court order after the confidentiality issue is fully presented. It says to seek an order as specific and limited as possible.

Currency note

This opinion was issued in 2001, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: May the lawyer simply give the requested deposition?

A: The opinion requires a court order after full presentation of confidentiality.

Q: What limits should the order have?

A: The opinion says it should be specific and limited.

Background and rules framework

The opinion addresses confidentiality in a deceased client’s trust matter without citing a numbered rule.

See also

• Missouri Informal Op. 20030016: Unfinished Trust

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20010103/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney prepared a trust agreement and will for a long-time friend and client. The client has since passed away and there is a dispute concerning the trust. The parties in the lawsuit would like to take Attorney’s deposition and inquire as to the circumstances of the creation and funding of the trust agreement. Attorney is reluctant to do so because Attorney is unsure if it would be a breach of attorney/client privilege. Would Attorney violate any ethical rules by giving Attorney’s deposition?

ANSWER: Attorney may only testify or disclose other information related to the representation of the client if Attorney is ordered to do so by the court, after the issue of confidentiality is fully presented to the court. Attorney should seek to have any court order as specific and limited as possible.