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

Asked almost 2 years ago - 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)

  1. L. Maxwell Taylor

    Contributor Level 20

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  2. Alan James Brinkmeier

    Contributor Level 20

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

  3. David Alexander Browde

    Pro

    Contributor Level 20

    Answered . 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... more

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