Dead Men Tell No Tales,’ but Their Attorney May Have To: Overlooked Exceptions to Privilege in California – John Scheerer Authors The Recorder Article
Attorneys or their clients might mistakenly, but reasonably, believe that the privilege automatically continues on in perpetuity, but in the probate world, privileges are often eviscerated as a matter of statutory law after death. In his article for The Recorder, Partner John Scheerer examines California Evidence Code Section 957 and 960, which hold that there is no attorney client privilege for a deceased person when relevant to an issue between parties claiming through the deceased client. He provides an overview of the statute, major cases which interpret it and offers practical tips for lawyers when evaluating how the privilege exceptions may apply to their particular matter. Read the article here.