[WSBAPT] duty to deliver will - RPC 1.6

[Rick Hoss]

Listmates, 

If a lawyer has a copy of a will must it be provided to an heir who is not the personal representative? 

 

RPC 1.6 (a) says that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted in RPC 1.6(b).    RPC 1.6(b)(6) says the lawyer may reveal information relating to the representation of a client to comply with a court order.

 

My client agreement authorizes me to disclose information to the personal representative. Seattle lawyer for heir obtains ex parte court order requiring me to deliver copy of will. He threatens the estate will suffer loss if I don’t comply now.

Ethics hotline response is generally don’t disclose and resist court order. We have tried hard to find the personal representative and back up with no luck.

 

Suggestions?

Thanks.

Rick Hoss

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