Monday, December 9, 2013
The New Hampshire Supreme Court affirmed an order holding that an attorney's file is subject to disclosure in a probate matter.
The attorney was consulted twice, but not retained, for estate planning of a deceased couple. One of the brothers claims that the other brother exercised undue influence on the parents
...because the Attorney's file is relevant to an issue between the parties who claim through the same deceased client, we hold that the trial court did not unsustainably exercvise its discretion in allowing the file to be disclosed to the parties under [rules of evidence].
The court also sustained disclosure of correspondence between the attorney and one of the brothers. (Mike Frisch)