Could a lawyer who was also personal representative authorize release of a deceased client's medical records?

Plain-English summary

A lawyer who had served both as personal representative and attorney for a deceased person was asked to authorize release of that person's medical records.

The opinion treated the release as disclosure of client confidential information by the lawyer. It said the Rule 4-1.6 duty did not end on the client's death and concluded that the lawyer could not consent to disclosure of confidential information without a court order.

Currency note

This 1995 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 client's death end the lawyer's confidentiality duty?

A: No. The opinion expressly said Rule 4-1.6 continued after death.

Q: Did the personal representative role alone permit release?

A: No. Because the person had also been the lawyer's client, the opinion required a court order for disclosure of confidential information.

Background and rules framework

The opinion applied Missouri Rule 4-1.6 to the lawyer's dual role as attorney and personal representative. Its answer concerned authorization to release confidential medical-record information after the client's death.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.6

See also

• Missouri Informal Op. 20070016: Deceased-client file disclosure
• Missouri Informal Op. 990146: Deceased-client estate file

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950256/

Original opinion text

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

QUESTION: Attorney is personal representative and attorney for the estate. Attorney has been asked to sign an authorization for release of medical records of the deceased. May Attorney do so? ANSWER: Because Attorney served not only as personal representative but as attorney for the deceased, such a release would involve disclosure of confidential information by attorney. Attorney´s duty to maintain confidentiality of client information under Rule 4–1.6 does not end with the death of the client. Therefore, Attorney may not consent to the disclosure of any confidential information without a court order.