Does client confidentiality extend beyond death?

[nmandy]

What is the name of your state?What is the name of your state? NY

Can a lawyer be forced to reveal the contents of conversations between himself and a client, if the client is now dead and the communcations are important to show the state of mind of the client before death?

Thanks

 

[rmet4nzkx]

What is the name of your state?What is the name of your state? NY

Can a lawyer be forced to reveal the contents of conversations between himself and a client, if the client is now dead and the communcations are important to show the state of mind of the client before death?

Thanks

Is this re your father or your uncle?

 

[JETX]

Is this re your father or your uncle?

What difference does that make???

The answer to the OP's question is..... the 'attorney-client privilege' extends after death. This was decided by the Supreme Court (Swidler & Berlin v. United States, 524 US 399 (1998)).
A copy of the ruling can be found at:
http://supct.law.cornell.edu/supct/html/97-1192.ZO.html

 

[nmandy]

Uncle.

Thanks JETX.

 

[seniorjudge]

Q: Can a lawyer be forced to reveal the contents of conversations between himself and a client, if the client is now dead and the communcations are important to show the state of mind of the client before death?

A: I couldn't find a canon on point, but my best guess is that the lawyer-client privilege does not die with the death of the client (unless there is a court order for the lawyer to divulge the info).


http://www.law.cornell.edu/ethics/ny/narr/NY_NARR_1_06.HTM

 

[seniorjudge]

I don't see anything about death of a client being a release of the privilege:

C. A lawyer may reveal:

1. Confidences or secrets with the consent of the client or clients affected, but only after a full disclosure to them.

2. Confidences or secrets when permitted under Disciplinary Rules or required by law or court order.

3. The intention of a client to commit a crime and the information necessary to prevent the crime.

4. Confidences or secrets necessary to establish or collect the lawyer's fee or to defend the lawyer or his or her employees or associates against an accusation of wrongful conduct.

5. Confidences or secrets to the extent implicit in withdrawing a written or oral opinion or representation previously given by the lawyer and believed by the lawyer still to be relied upon by a third person where the lawyer has discovered that the opinion or representation was based on materially inaccurate information or is being used to further a crime or fraud.

http://www.law.cornell.edu/ethics/ny/code/NY_CODE.HTM#4-101(a)