What happens to client secrets after the client's death?

After a client's death, the confidentiality of client secrets is maintained indefinitely. This principle is rooted in the attorney-client privilege and the ethical duty of confidentiality that lawyers owe to their clients. The attorney's obligation to safeguard the confidentiality of a client's information does not automatically terminate upon the client's death.

Lawyers must consider the nature of the information and the interests of the deceased client when deciding on the disclosure of any secrets. It is essential to protect the legacy and privacy of the deceased client's affairs, often extending the duty to keep that information confidential beyond the life of the client.

This long-lasting obligation helps to preserve trust in the attorney-client relationship, demonstrating that confidentiality remains a cornerstone of legal ethics. While some jurisdictions may have specific rules or time frames for maintaining confidentiality regarding certain records, in general, the rule is that client secrets stay confidential indefinitely, unless the deceased client has otherwise consented to their disclosure before they passed away.