The attorney-client relationship dies with the client (attorneys can’t appeal for a dead client but the personal representative may be able to appeal).

Billy Richard Glaze v. State of Minnesota, ___ N.W.2d ___, (Minn. 2018); A16-2028, filed March 21, 2018. The client was convicted of first degree murder and second degree intentional murder during sexual assaults in 1989. In 2007 the client petitioned to get DNA testing that was not available back in 2009. When DNA testing was done he sought post-conviction motions based upon the results. The client died before evidentiary hearings and other proceedings could be heard. His attorneys tried to pursue the matter to clear the client’s name. The court found the attorneys had no standing as they were not the parties to the case, their client was the party. The personal representative of client’s estate also tried to substitute in but was not officially substituted in on time for this particular appeal. It seems this court would allow the personal representative to appeal but the personal representative was not the actual appellant. It should be noted that the Guardianship of Tschumy, 853 N.W.2d 728 (Minn. 2014) allowed an appeal for a deceased ward but the issue revolved around the guardian’s rights and duties and not the deceased ward’s rights and duties per se. A narrow distinction but significant to this court. The attorneys were the appellants and lacked standing because they were not harmed and had nothing to appeal.

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About Robert McLeod

I can help you fight a will, fight a power of attorney, will contest, fight a guardianship, fight a conservatorship, create or revoke powers of attorney, wills or revocable trusts. What is probate? I can answer that for you. I can help you with all your probate needs.
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