What confidentiality duties applied when a child heard will-drafting conferences and a court might order testimony?

Plain-English summary

A lawyer prepared a will while the client's adult child attended or could hear some conferences. In a will contest, the lawyer asked about privilege and the effect of a court ruling.

The opinion said attorney-client privilege was statutory and outside Rule 4. Rule 1.6 still required asserting confidentiality of information about the representation. It said testimony after a court order would not violate the rule if the lawyer adequately presented the issue to the court.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the opinion decide whether privilege was waived?

A: No. It said privilege was a statutory issue outside Rule 4.

Q: What did Rule 1.6 require?

A: The lawyer had to assert confidentiality of information relating to the representation.

Q: Could the lawyer testify under court order?

A: Yes, after adequately presenting the issue to the court, according to the opinion.

Background and rules framework

The opinion distinguished statutory attorney-client privilege from the Rule 1.6 duty of confidentiality in a will contest.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 1.6

See also

• Missouri Informal Op. 940013: Deceased will client's confidential information
• Missouri Informal Op. 20040028: Will contest confidentiality

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930078/

Original opinion text

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

QUESTION: Attorney prepared a will for client A. During some will drafting conferences, A´s adult child was present. The will is being contested. Does the attorney client privilege apply to the conversations if the child or others were present or could hear the conversations. If the court determines the privilege has been waived, is attorney obligated to seek review. ANSWER: The attorney client privilege is a statutory privilege not within Rule 4. However, Rule 1.6 also relates to the question. That rule requires attorney to assert the confidentiality of any information relating to representation of a client. If ordered by a court to testify, attorney would not violate the rule by testifying as long as attorney had adequately presented the issue to the court.