02/28/2005
The Attorney-Client Privilege Survives the Death of a Natural Person but Terminates Upon Closing of the Estate
HLC Properties, Limited, v. Superior Court, ___ Cal Rptr 3d ___, 2005 WL 332414 (Cal 2005)
Brief Summary
This California case may be only an aberration in light of Swidler, or it may signal a change in the wave of posthumous application of the attorney-client privilege.
One last caveat: even though the California privilege may terminate upon discharge of the personal representative, this case says nothing regarding whether the duty of secrecy, or the duty not to volunteer information, also terminates upon discharge. We think it likely that the duty not to volunteer information about a client, even a deceased client whose estate has closed, will probably be held to be a continuing one.
One last caveat: even though the California privilege may terminate upon discharge of the personal representative, this case says nothing regarding whether the duty of secrecy, or the duty not to volunteer information, also terminates upon discharge. We think it likely that the duty not to volunteer information about a client, even a deceased client whose estate has closed, will probably be held to be a continuing one.
Hinshaws Lawyers for the ProfessionSM Alert can also be viewed at http://www.lawyeringlaw.com.