Is Confidentiality Really Forever Even if the Client Dies or Ceases to Exist?

Which is the right result? Does client confidentiality live forever? What if the client is an entity rather than an individual? Should public figures be treated differently from ordinary private citizens after death? Should there be some point in time—50 or 100 years—when the right to confidentiality expires? Who will enforce the privilege once all the participants are dead? These questions have important implications for attorneys, law firms, and corporate entities.

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This article first appeared in the American Bar Association – The Journal of the Section of Litigation Vol. 40 No. 3 Spring 2014.