Does the attorney-client privilege survive the death of the client? We think it does. But a public defender in Ohio was recently ordered jailed for taking that position.

Now the case is before an appellate court in Ohio.

"Three state appeals court judges peppered a defense attorney and a prosecutor Monday about a Montgomery County judge’s order to send a federal public defender to jail for refusing to reveal what her client, now dead, may have told her in confidence about what happened to 9-year-old Erica Baker."

The trial court order to jail the defender has been stayed pending a final decision by the appeals court. Both sides have indicated they would appeal to the Ohio Supreme Court if the appeals court rules against them.