Could a will drafter discuss a deceased client's competency or open the file to heirs in a will contest?

Plain-English summary

A lawyer who drafted a deceased client's will was asked by heirs and their lawyer to discuss it for a will contest, including the client's competency and access to the lawyer's file.

The opinion said Rule 1.6 confidentiality continued after death and differed from attorney-client privilege. The lawyer could not discuss competency without a court order, and the interested parties' consent was insufficient. For testimony, the issue had to be fully presented to the court; a court order had to be specific, and disclosure was limited to confidential information it covered.

Currency note

This 1994 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 confidentiality end at death?

A: No. The opinion said Rule 1.6 still applied.

Q: Could heirs consent to the lawyer's testimony without an order?

A: No. The opinion rejected consent by interested parties alone.

Q: How broad could court-ordered file disclosure be?

A: Only the confidential information specified in the court order could be disclosed.

Background and rules framework

The opinion distinguished Rule 1.6 confidentiality from privilege and addressed a court order in a will contest without citing a case or statute.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 1.6

See also

• Missouri Informal Op. 20040028: Will contest confidentiality
• Missouri Informal Op. 950125: Deceased client estate testimony

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940013/

Original opinion text

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

QUESTION: Attorney prepared a will for a decedent. The decedent´s heirs and their attorney want to discuss it with Attorney related to a will contest action. (1) Does Rule 1.6 apply after the client´s death? (2) May Attorney discuss decedent´s competency without a court order? (3) May the interested parties sign a consent for Attorney to discuss and testify without a court order? (4) What is the proper procedure for Attorney to testify under court order? (5) Is Attorney´s file open for inspection or must it be covered by the court order? ANSWER: Yes, confidentiality under Rule 1.6 is different than the attorney-client privilege. (2) No. (3) No. (4) The procedure does not matter under the rules as long as the issue is fully presented to the court. (5) The court order should be specific. Attorney may only disclose confidential information covered by the court order.