Bill > SB135

This bill clarifies and strengthens attorney-client privilege in fiduciary contexts by establishing that communications between an attorney and a client who is acting as a fiduciary remain privileged, even when fiduciary funds are used to pay for the attorney's legal services. The bill broadly defines "fiduciary" to include agents, and specifies that the existence of a fiduciary relationship with a beneficiary does not automatically waive the attorney-client privilege. This means that conversations and communications between an attorney and a fiduciary (such as an executor of an estate, trustee, or agent) will remain confidential and protected, regardless of the funding source for legal services. The legislation aims to preserve the fundamental legal principle of attorney-client confidentiality in scenarios involving fiduciaries, ensuring that clients can speak freely with their attorneys without fear of losing privileged communication status. The bill is set to take effect on October 1, 2025, providing clarity and protection for attorneys and their fiduciary clients in Maryland.

Justice

https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/SB0135?ys=2025RS