EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0310*
HOUSE BILL 310
N2 5lr1550
CF SB 135
By: Delegate Cardin
Introduced and read first time: January 10, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Estates and Trusts – Fiduciaries – Attorney–Client Privilege 2
FOR the purpose of clarifying that a communication between an attorney and a client that 3
acts as a fiduciary is subject to the attorney–client privilege even if fiduciary funds 4
are used to compensate the attorney for services rendered to the client; and generally 5
relating to fiduciaries and the attorney–client privilege. 6
BY adding to 7
Article – Estates and Trusts 8
Section 15–117 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Estates and Trusts 14
15–117. 15
(A) IN THIS SECTION, “FIDUCIARY” INCLUDES AN AGENT , AS DEFINED IN § 16
17–101 OF THIS ARTICLE. 17
(B) (1) UNLESS WAIVED BY THE CLIENT, A COMMUNICATION BETW EEN 18
AN ATTORNEY AND A CL IENT THAT ACTS AS A FIDUCIARY IS SUBJECT TO THE 19
ATTORNEY–CLIENT PRIVILEGE EVE N IF FIDUCIARY FUNDS ARE USED TO 20
COMPENSATE THE ATTOR NEY FOR LEGAL SERVIC ES RENDERED TO THE CLIENT. 21
(2) THE EXISTENCE OF A FI DUCIARY RELATIONSHIP BETWEEN A 22
FIDUCIARY AND A BENE FICIARY DOES NOT CON STITUTE OR GIVE RISE TO A WAIVER 23 2 HOUSE BILL 310
OF THE ATTORNEY –CLIENT PRIVILEGE FOR COMMUNICATIONS BETWE EN THE 1
ATTORNEY AND THE FID UCIARY. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October 1, 2025. 4