Skip to main content

Does lawyer/client privilege cease after the client's death?

Fredericksburg, VA |

If there is privileged information about the deceased client that the lawyer can use to defend the surviving spouse is this a breach of lawyer/client privilege? This is a hypothetical question in regard to a work of fiction I am writing. Would appreciate any help offered.

Attorney Answers 3

Posted

See link below.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Thanks so much. Just exactly what I needed to know. Merry Christmas.

Posted

The protections of the priviledge are forever. The death of the client means the client can never waive the privilledge of silence.

Mark as helpful

1 lawyer agrees

Posted

Yes, it's a breach.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

Mark as helpful