Ezel / Ethics Opinions / MOLEC

May a lawyer release a deceased client’s file to relatives seeking information about a property deed?

Short answer The opinion treats the file as confidential and permits disclosure only with a court order, unless the deceased client had given express or implied consent.
Bar
MOLEC
Issued
2007

Apply this to your situation

This page answers the general question as of 2007. 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 2007
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

Clients in an estate matter sought a deceased relative’s file from the successor to the lawyer who prepared a deed. They wanted to investigate a claimed quitclaim deed affecting property ownership.

The opinion says information in a client’s file is confidential. If the deceased client can no longer consent, the lawyer may disclose the information only with a court order unless the client previously gave express or implied consent.

In practice

The opinion conditions disclosure of the deceased client’s file on a court order or the client’s express or implied consent.

Common questions

Q: Does death end confidentiality of the file?

A: No. The opinion says the information in the client’s file remains confidential.

Q: May the successor lawyer release the file to the relatives?

A: Only with a court order, unless the client gave express or implied consent.

Q: Why did the relatives want to review the file?

A: They sought information about whether a quitclaim deed removing the relative from real property had been executed before death.

Background and rules framework

The published answer describes the client-file information as confidential and identifies court order and express or implied client consent as the grounds for disclosure. It cites no rule number.

See also

Source

Original opinion text

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

QUESTION: Attorney represents clients in an estate case. Attorney’s clients’ relative died and there was confusion about ownership of real property. Attorney’s clients claim that a Quit Claim removing the relative from the property was executed before death. The successor to the attorney who prepared the deed has the file. Attorney’s clients’ would like to review the file for the purpose stated above.

ANSWER: The information in a client’s file is confidential. When a client is no longer alive to give consent to disclosure, the attorney can only disclose the information with a court order, unless the client gave express or implied consent.

What do the rules say today, for your facts?

This opinion is from 2007. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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