What happens to attorney-client privilege when the client dies, according to federal common law?

Under federal common law, when a client dies, attorney-client privilege does not end immediately; rather, it continues and can be maintained until the deceased client's estate is fully settled. This means that any communications made during the attorney-client relationship remain protected, allowing the attorney to uphold confidentiality even after the client's passing.

The rationale behind this continuation is to ensure that the client's interests are respected and that their communications with the attorney are not disclosed. The privilege allows the executor or personal representative of the deceased client's estate to maintain the confidentiality that was originally established, which is crucial for the administration of the estate and for resolving any potential claims that might arise after the client's death.

This continuity reflects the principle that the protection of client communication is vital, even in death, as it serves the client's interests and ensures that sensitive information is not revealed without consent. In contrast to this, options suggesting that the privilege ends immediately or is limited only to communications made before death fail to recognize the legal protections that remain in place to honor the deceased's rights.