Categories : Legal Ethics
Does the Attorney-Client Privilege Apply After the Death of a Client?
By Anne Rudolph
Pursuant to Business and Professions Code section 6068, subd. (e), an attorney must maintain inviolate a client’s confidences. The only exception in that statute is that an attorney may, but is not required to, reveal confidential information to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual. But, the Evidence Code and applicable case law provide that the rules applicable to disclosure of a client’s confidences change after the client dies.