§ 957 Deceased Client Communication Exception

Key Takeaways

•If someone dies and their family or friends are fighting over their stuff, the lawyer can't keep secrets about what the dead person told them.
•This rule applies no matter how the dead person's stuff is being passed down (like through a will, family inheritance, or gifts while they were alive).
•The lawyer has to share what they know if it's important to the fight.

Example

A dad dies and leaves a will saying his oldest son gets the house. The younger son says the dad told him he could have the house, and the lawyer knows this because the dad talked to them about it.

The lawyer can't keep it a secret. They have to tell the court what the dad said because it's important to the fight between the brothers.

There is no privilege under this article as to a communication relevant to an issue between parties all of whom claim through a deceased client, regardless of whether the claims are by testate or intestate succession, nonprobate transfer, or inter vivos transaction. (Amended by Stats. 2009, Ch. 8, Sec. 2. (AB 1163) Effective January 1, 2010.)

Key Takeaways

•If someone dies and their family or friends are fighting over their stuff, the lawyer can't keep secrets about what the dead person told them.
•This rule applies no matter how the dead person's stuff is being passed down (like through a will, family inheritance, or gifts while they were alive).
•The lawyer has to share what they know if it's important to the fight.

Example

A dad dies and leaves a will saying his oldest son gets the house. The younger son says the dad told him he could have the house, and the lawyer knows this because the dad talked to them about it.

The lawyer can't keep it a secret. They have to tell the court what the dad said because it's important to the fight between the brothers.

Key Takeaways

Example

Key Terms

References

§ 957 Deceased Client Communication Exception

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References