Could a lawyer testify or produce client files after a judge ordered disclosure over confidentiality objections?

Plain-English summary

A lawyer moved to quash a subpoena for client files, including one deceased client’s file, and asked what to do if a judge ordered testimony.

The opinion said testimony after full presentation of confidentiality did not violate Rule 4-1.6. The lawyer could alternatively seek available appellate review. For testimony or documents ordered by the judge, the lawyer should seek a specific and limited order.

Currency note

This opinion was issued in 1998, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did a judge’s order permit testimony after confidentiality was fully raised?

A: Yes, according to the opinion.

Q: Could appellate review be sought instead?

A: Yes, if available.

Background and rules framework

The answer expressly applied Rule 4-1.6.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.6

See also

• Missouri Informal Op. 990118: Grand Jury Subpoena

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/980080/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

QUESTION: Attorney has been served with a subpoena requiring Attorney to deliver the contents of Attorney´s client files. Attorney has filed a Motion to Quash Subpoena asserting attorney-client confidentiality. One of the clients is now deceased. Does Attorney have to answer questions about the file if the Judge orders Attorney to do so?
ANSWER: If a judge orders Attorney to testify, after Attorney has fully raised the issue of confidentiality, Attorney may do so without violating Rule 4–1.6. As an alternative to complying with the judge´s order, Attorney may also seek any available appellate review. If the judge does order Attorney to testify, produce documents, or both, Attorney should seek to have the order as specific and limited as possible.