These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
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31-Protecting and Disclosing Confidences and Secrets

A lawyer's duty to protect a client's secrets and confidences survives the client's death. However, a lawyer may reveal a deceased client's confidences or secrets if "the lawyer reasonably believes, in the exercise of his own best judgment, that to do so would be in the best interest of the deceased client who would have wanted the information revealed if he were alive" [overruling any inconsistent portion of LEO 812).

Copyright 2000, Thomas E. Spahn