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'Dead Men Tell No Tales,' but Their Attorney May Have To: Overlooked Exceptions to Privilege in California
Attorneys or their clients might mistakenly, but reasonably, believe that 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 Sections 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.
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