EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0135*
SENATE BILL 135
N2 5lr1286
(PRE–FILED) CF 5lr1550
By: Senator West
Requested: October 19, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judicial Proceedings
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 BETWEEN 18
AN ATTORNEY AND A CLIENT THAT ACTS AS A FIDUCIARY IS SUBJECT TO THE 19
ATTORNEY–CLIENT PRIVILEGE EVEN IF FIDUCIARY FU NDS ARE USED TO 20
COMPENSATE THE ATTORNEY FOR LEGAL SERVICES R ENDERED TO THE CLIENT. 21
2 SENATE BILL 135
(2) THE EXISTENCE OF A FI DUCIARY RELATIONSHIP BETWEEN A 1
FIDUCIARY AND A BENE FICIARY DOES NOT CON STITUTE OR GIVE RISE TO A WAIVER 2
OF THE ATTORNEY –CLIENT PRIVILEGE FOR COMMUN ICATIONS BETWEEN THE 3
ATTORNEY AND THE FIDUCIARY . 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. 6