I attempted to obtain documentation from my father's attorney after he had passed. The attorney stated to me that it is attorney client privileged information, and he didn't have to give it to me or any of my family. After reading an attorney's responsibility regarding his clients will and one that is an heir has legal right to see this information. What can be done? Only thing I want to see is documents in the attorney's file. Due to the fact rumor has it that there is information in his procession that defined legally the documentation on how his estate was to be addressed.
Losing a loved one is a difficult and emotional experience, and dealing with the legal aftermath can be overwhelming. It is understandable that you want to see the documents in your father's attorney's possession to understand your father's wishes better. However, the attorney's response of attorney-client privilege is also legally valid. In this situation, it is important to understand your legal rights and what steps you can take to obtain the documents you seek.
Possible Solutions
As the attorney-client privilege protects the confidentiality of the communication between the client and the attorney, you may need to get a court order to gain access to the documents you seek. In Missouri, this means obtaining a subpoena. A subpoena is a legal document that orders someone to appear in court or produce evidence. To obtain a subpoena, you will need to contact a court clerk in the appropriate jurisdiction and follow the necessary procedures. A subpoena may not always be necessary, but it can be helpful to have one ready in case the attorney continues to refuse to provide the documents.
Fees and Costs
Here is a table of estimated fees and costs associated with various issues and services in the Missouri area:
| Service | Cost Estimate |
|---|---|
| Court Filing Fee | $20 - $300 |
| Attorney Hourly Rate | $200 - $500 |
| Subpoena Filing Fee | $50 - $200 |
| Process Server Fee | $50 - $100 per person served |
Please note that these are only estimated costs and may vary depending on the location, type of law, and the attorney's experience, skills, and knowledge.
Relevant Links
Here are some relevant links to help you understand your legal rights and obtain further information:
Positives/Negatives
Positives:
- The attorney-client privilege is a crucial protection that allows clients to trust their attorneys with sensitive information.
- The legal system provides procedures like subpoenas to ensure that everyone has access to justice.
Negatives:
- Obtaining a subpoena can be time-consuming and expensive.
- The process can be emotionally challenging for someone who has recently lost a loved one.
Legal Disclaimer
Please note that the information provided is for educational purposes only and does not constitute legal advice. Reading this text does not create an attorney-client relationship.
Summary
It can be challenging to access a deceased loved one's will and other legal documents in the possession of their attorney. While the attorney-client privilege is valid, you may need to obtain a subpoena to gain access to the documents. The process can be costly and time-consuming, but it is essential to understand your legal rights and explore all options available. Finally, we advise you to reach out to an experienced attorney to guide you through the process.
When my father passed away, I went to the law firm that wrote his will. I requested to see everything he had regarding my father's will. He responded to me Get a subpoena.