Confidentiality Breach or Not: Revealing Information About a Client’s Testamentary Documents Post-Mortem
"Confidentiality Breach or Not: Revealing Information About a Client's Testamentary Documents Post-Mortem." Every day, attorneys and other estate professionals traverse an ethical minefield. A single misstep can be disastrous for a career, tarnishing the person’s name and possibly leading to a malpractice suit or disciplinary action. Regrettably, there is no clear-cut path despite the dangers through many situations. For example, the attorney reads in the paper, sees on the Internet, or is told by the client’s accountant, insurance professional, or financial planner that one of the attorney’s former clients has died. The information indicates that the client died intestate. This is news to the attorney and perhaps the client’s other advisors. What should happen? Is the attorney obligated to come forward and present the original if the attorney has it or a copy to the court? If the attorney doesn’t have to, may the attorney? And may other professionals tell the family that the attorney prepared the will and has the original or a copy? This presentation explores these and similar difficult questions about revealing information about a client’s testamentary documents after death.
Pending approval for one (1) ethics credit for CLE; CPE and Insurance; and one (1) general credit for CFP, CPWA, and CTFA.
Course Level: Intermediate
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