Fossler v. Schriber

Citations

• 38 Ill. 172

Syllabus

<p>1. Witness—competency—attorney at law. The rule of professional' sanctity which prevents an attorney at law from testifying in regard to matters confided to him in his professional capacity, is for the benefit of the client.</p> <p>2. So it is entirely competent for the heir at law of the client to call upon the attorney to testify in regard to facts touching Ms interests, of which the attorney acquired knowledge, alone, from a professional consultation with the client.</p> <p>3. And if there were other heirs, not parties to the proceedings, who would have a right to object to the testimony, yet, in the absence of such objection, their concurrence with their co-heir in removing the seal of professional secrecy, when to do so would be obviously for their benefit as well as his, would be presumed.</p>