Estates and Trusts - Fiduciaries - Attorney-Client Privilege
SB 135 clarifies that attorney-client privilege applies to communications between an attorney and a client who also serves as a fiduciary (such as a trustee or executor), even when fiduciary funds (like trust money) pay for the legal services. This directly affects individuals managing estates or trusts and their beneficiaries by ensuring confidential legal advice remains protected. The bill amends Maryland's Estates and Trusts law (Section 15-117) to explicitly state that using fiduciary funds for legal fees does not waive the privilege, and a fiduciary relationship alone cannot invalidate this protection. It takes effect October 1, 2025.
Bill status
passed
3 of 5 stages cleared
Introduction
Oct 2024
Committee Review
Mar 2025
Senate Passage
Mar 2025
House of Delegates Passage
Governor
Introduced Oct 19, 2024
Last action Mar 7, 2025
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First - Estates and Trusts - Fiduciaries - Attorney-Client Privilege
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Third - Estates and Trusts - Fiduciaries - Attorney-Client Privilege
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4 edits
MODERATE
This bill clarifies that attorney-client privilege applies to communications between an attorney and a client who acts as a fiduciary, even when fiduciary funds are used to pay legal fees. It also confirms that a fiduciary relationship between a fiduciary and beneficiary does not automatically waive this privilege.
Scope change
The bill expands the application of attorney-client privilege to include fiduciaries acting as clients, ensuring their legal communications remain protected even when using estate or trust funds for legal representation.
DEFINITION
Added clarification that 'fiduciary' includes an agent as defined in the relevant article.
REQUIREMENT
Established that attorney-client privilege applies to communications between attorneys and fiduciary clients, even when fiduciary funds pay legal fees, unless the client waives the privilege.
Confirmed that a fiduciary relationship between a fiduciary and beneficiary does not constitute a waiver of attorney-client privilege for communications between the attorney and the fiduciary.
TECHNICAL
Updated formatting and bill metadata including committee report status, adoption dates, and signature lines for governor and legislative officers.
Floor votes · Senate Feb 18, 2025
How they voted
43–0
Passed · 3 other
Total votes 46
Feb 18, 2025
D
Democratic33
93% Yea
R
Republican13
92% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
9
Key actions
4
Committee
4
Mar 7, 2025
Committee
Referred Judiciary
lower
Mar 6, 2025
Upper · Passed
Third Reading Passed
upper
Mar 4, 2025
Upper · Passed
Favorable Adopted
upper
Mar 3, 2025
Upper · Passed
Favorable Report by Judicial Proceedings
upper
Feb 18, 2025
Senate · Passed
Senate Vote: pass (43-0-3)
senate
Jan 8, 2025
Committee
First Reading Judicial Proceedings
upper
Oct 19, 2024
Introduced
Pre-filed
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Chris West
RRepublican
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