Foster privately consulted an attorney, James Hamilton, shortly before his death. Starr believes Hamilton's notes may contain evidence for his Clinton administration investigation, and asked the U.S. Court of Appeals for the District of Columbia to require Hamilton to surrender them. The court of appeals ruled that a client's death weakens the historic privilege and ordered Hamilton to comply. In thousands of nursing homes, hospitals, retirement communities and law offices around this country, men and women tell their lawyers what they would never tell their families, their bankers or their local constabulary. They seek confidential guidance in how best to provide for their loved ones after death.
Some clients wish to provide for an illegitimate child.
Some wish to make amends for a previous misdeed by themselves or someone else. Like Foster, they may be contemplating suicide. Or like Aunt Sally, they may simply recognize the risks of advancing age, and view their actions as prudent planning. If the circuit court's ruling stands, each will be faced with a cruel choice. Hoping to order their affairs to best safeguard their heirs and their own wishes, they may consult a lawyer, whose first step will likely be to caution them that anything they say could end up disclosed to the police or Medicare investigators or a grand jury.