Legal question: Roman J. Israel scenario

[AuYeung]

I just watched Roman J. Israel, Esq. which left me with a question that I haven't been able to find an answer for using Google.


*** SPOILERS FOR ROMAN J. ISRAEL, ESQ. ***

- Roman is a criminal defense attorney who practices in Los Angeles
- he takes a case where a minor has been arrested and charged with the murder of a store clerk during a robbery
- client says it was his partner who killed the clerk and that he can help the police find his partner who is currently a fugitive
- he gives the location to Roman who intends to use it to negotiate a deal with the D.A.'s office
- the client is killed while in custody shortly after his discussion with Roman

*** END SPOILERS ***


Under California law does the attorney have to keep the location of the fugitive to himself because of attorney-client confidentiality? Or can he simply give that information to the police (should he want to) to help bring in a suspect in a murder since his client is now dead?

[Lee A Stewart]

It is well-settled law in California that the attorney-client privilege survives the death of a client. However, the lifespan of the privilege is not indefinite. So long as a "holder of the privilege" is in existence, the attorney-client privilege survives.

The holder of the privilege in your case would be the attorney.

The attorney could have a sealed letter to be opened upon his death revealing the location of the killer. But if he tells the police now, he would be disbarred.

[AuYeung]

Originally Posted by Lee A Stewart

The attorney could have a sealed letter to be opened upon his death revealing the location of the killer. But if he tells the police now, he would be disbarred.

Thanks. I can see why the movie went in the direction that it did because this would’ve been a dramatic dead end.