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Proposal would codify that fiduciaries retain attorney–client privilege unless waived
Summary
House Bill 310 would clarify that communications between fiduciaries (trustees, personal representatives) and counsel are protected by attorney–client privilege unless the client waives it, supporters told the Judiciary Committee to prevent minority-jurisdiction case law from creating a discoverability exception.
Sponsor Delegate John Carden told the committee that House Bill 310 would codify in the Estates and Trusts Article that a fiduciary—such as a trustee or a personal representative—may receive privileged legal advice and that communications with counsel are not subject to a distinct “fiduciary exception” unless waived.
Trusts-and-estates practitioners testified the…
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