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MD HB310

MD HB310
Estates and Trusts - Fiduciaries - Attorney-Client Privilege


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Clarifying that a communication between an attorney and a client that acts as a fiduciary is subject to the attorney-client privilege even if fiduciary funds are used to compensate the attorney for services rendered to the client.

AI Summary

This bill clarifies the attorney-client privilege for fiduciaries, which include agents acting in a legal capacity such as trustees or executors. The legislation ensures that communications between an attorney and a client who is serving as a fiduciary remain legally privileged and confidential, even when the attorney's legal services are paid for using funds managed by the fiduciary. Specifically, the bill establishes that the mere existence of a fiduciary relationship with a beneficiary does not automatically waive the attorney-client privilege. This means that conversations and documentation related to legal advice will continue to be protected from disclosure, regardless of the source of payment for legal services or the fiduciary's broader responsibilities to beneficiaries. The provisions are designed to protect the confidentiality of legal communications and maintain the integrity of attorney-client interactions in fiduciary contexts. The bill will take effect on October 1, 2025, providing clear legal guidance for attorneys, fiduciaries, and beneficiaries in Maryland.

Committee Categories

Justice

Sponsors (1)

Last Action

House Judiciary Hearing (14:00:00 2/5/2025 ) (on 02/05/2025)

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