Bill > H5365

This bill amends the Rhode Island General Laws to clarify and protect attorney-client communications when the client is acting as a trustee or fiduciary. Specifically, the bill establishes that such communications are privileged and protected from disclosure, just as they would be if the client were acting in an individual capacity. The legislation outlines several key protections: the privilege is not waived by the fiduciary relationship with trust beneficiaries or by using trust property to pay for legal services, the attorney's client is specifically the person acting as trustee, and a successor trustee is not automatically considered the attorney's client. The bill also allows trustees to agree to share privileged communications without waiving the original privilege, with the condition that such shared communications cannot be further disclosed to third parties without consent or a court order. An important caveat is that the bill does not impair existing legal exceptions to attorney-client privilege, particularly those involving claims through a deceased person. The act would take effect immediately upon its passage, providing immediate legal clarity for attorneys and trustees in Rhode Island.

Justice

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