Ezel / Ethics Opinions / MOLEC

May a lawyer turn a deceased client’s file over to the estate’s personal representative or the representative’s lawyer?

Short answer The opinion bars disclosure without a court order after confidentiality is fully presented, unless the client gave express consent. It excepts an actual will the lawyer considers valid and a recorded deed.
Bar
MOLEC
Issued
2005

Apply this to your situation

This page answers the general question as of 2005. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2005
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer who had prepared a deceased client’s will and deeds was asked by the personal representative’s lawyer to turn over the client’s file.

The opinion bars disclosure of the file information absent express client consent or a court order issued after confidentiality has been fully presented. It excepts an actual will the lawyer considers still valid and a recorded deed.

In practice

The opinion requires express consent or a court order for disclosure of information beyond the specified will or recorded deed.

Common questions

Q: Can the personal representative receive the whole file on request?

A: No. The opinion requires express client consent or a court order after full presentation of confidentiality.

Q: What documents are excepted?

A: An actual will the lawyer considers valid and a deed that has been recorded.

Background and rules framework

The opinion discusses continuing confidentiality of a deceased client’s file but cites no numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney prepared a will and deeds for a client. The client has since died. The attorney representing the personal representative of the deceased client has requested that Attorney turn over a copy of the file, or the original file to the personal representative. May Attorney turn over the deceased client’s file to the personal representative or to the attorney for the personal representative?

ANSWER: Attorney may not disclose information, other than an actual will Attorney considers still valid or a deed that has been recorded, without a court order, unless the client gave express consent to further disclosure. The court order must be issued after the issue of confidentiality has been fully presented.

What do the rules say today, for your facts?

This opinion is from 2005. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace