State Ex Rel. Great American Insurance Co. v. Smith

In almost every instance, in my view, were a lawyer asked to disclose what advice he gave his client, a Missouri trial judge would sustain the objection to the question, based on privilege. I believe law practice has been conducted on this basis in Missouri for years, and I see nothing in State ex rel. Great American Insurance Company v. Smith, 563 S.W.2d 62 (Mo. banc 1978) which will, as a practical matter, change the situation.

But there are a few situations where a lawyer’s advice is not privileged unless it fits the limitations of the statute, § 491.060, exactly. One such situation is…