Question
I saw a special on MSNBC awhile back, where there was a lawyer whose client was charged and convicted with murdering women, but they were never able to find the bodies. Apparently the client had revealed to the lawyer where the bodies were, or hinted at it, and after the client died (forgot how), the family's of the victims wanted the lawyer to reveal where the bodies were; however, she would not talk. Even after the client's spouse signed a release form (which, out of spite, they eventually changed their mind), saying the lawyer could talk, the lawyer still would not speak about where the bodies were or could be. I believe even a judge had ruled she could talk. She said even though the client was dead, their discussions were still confidential. People were very angry, and she began to get death threats and everything, yet through it all, she would not reveal anything. Did she take things to the extreme, or does attorney-client privelege still apply, after the client is dead? Also, does anyone know what incident this is? I forgot, but would really like to look it up and see if she is still not talking. It was awhile back when I saw the special.
I saw a special on MSNBC awhile back, where there was a lawyer whose client was charged and convicted with murdering women, but they were never able to find the bodies. Apparently the client had revealed to the lawyer where the bodies were, or hinted at it, and after the client died (forgot how), the family's of the victims wanted the lawyer to reveal where the bodies were; however, she would not talk. Even after the client's spouse signed a release form (which, out of spite, they eventually changed their mind), saying the lawyer could talk, the lawyer still would not speak about where the bodies were or could be. I believe even a judge had ruled she could talk. She said even though the client was dead, their discussions were still confidential. People were very angry, and she began to get death threats and everything, yet through it all, she would not reveal anything. Did she take things to the extreme, or does attorney-client privelege still apply, after the client is dead? Also, does anyone know what incident this is? I forgot, but would really like to look it up and see if she is still not talking. It was awhile back when I saw the special.
Answer
Generally, in common law systems (including the USA) attorney-client privilege continues after a client's death. There are two ways to "waive" privilege: 1. implied waiver - where the attorney's, or the client's, inadvertent actions result in a loss of privilege; and 2. express waiver - where the client gives permission for the attorney to disseminate the privileged information. In this situation, the client has not expressly waived privilege, so the attorney cannot disseminate any privileged information. The fact of death is irrelevant - the only consequence is that the client will never be able to waive privilege. There are very many good reasons for the attorney to protect her deceased client's privilege. The most obvious is that it would be, amongst other things, a breach of the attorney's professional and ethical obligations to disseminate privileged information without obtaining the client's permission.
Generally, in common law systems (including the USA) attorney-client privilege continues after a client's death. There are two ways to "waive" privilege: 1. implied waiver - where the attorney's, or the client's, inadvertent actions result in a loss of privilege; and 2. express waiver - where the client gives permission for the attorney to disseminate the privileged information. In this situation, the client has not expressly waived privilege, so the attorney cannot disseminate any privileged information. The fact of death is irrelevant - the only consequence is that the client will never be able to waive privilege. There are very many good reasons for the attorney to protect her deceased client's privilege. The most obvious is that it would be, amongst other things, a breach of the attorney's professional and ethical obligations to disseminate privileged information without obtaining the client's permission.
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