[WSBARP] Ethical Question

[Jeff Davis]

Listmate,

 

Client (the son) is in a dispute with parents over a deal where the parents
allegedly were to transfer real property to him.  Son goes to his lawyer to
draft the agreement but some where in this process the lawyer appeared to
switch sides and represented the parents.  The contract(s) were drafted and
signed.  The terms are not clear.  Lawyer dies and this particular file went
to his daughter.  I located her and had her find that file and send it to
me.  I told opposing counsel (who now represents the parents) what I was
doing.  The only response was if that file contained the parents' estate
planning documents that I could not share them with my client.  There were
no estate planning documents in the file.

 

The file contained emails from parents to lawyer which are beneficial to our
case.  I know the attorney client privilege survives death.  Can I use the
emails and what ever else is in the file?

 

Jeff Davis

 

W. Jeff Davis, Esq.

BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
Phone No.:(360) 683.1129 
Fax No.: (360) 683.1258 
email:  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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