| 1 | A bill to be entitled |
| 2 | An act relating to the fiduciary lawyer-client privilege; |
| 3 | creating s. 90.5021, F.S.; providing that a client acts as |
| 4 | a fiduciary when serving in certain positions; providing |
| 5 | that a communication between a lawyer and a client acting |
| 6 | as a fiduciary is privileged and protected from |
| 7 | disclosure; providing construction in application; |
| 8 | providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 90.5021, Florida Statutes, is created |
| 13 | to read: |
| 14 | 90.5021 Fiduciary lawyer-client privilege.-- |
| 15 | (1) For the purpose of this section, a client acts as a |
| 16 | fiduciary when serving as a personal representative or a trustee |
| 17 | as defined in s. 731.201, an administrator ad litem as described |
| 18 | in s. 733.308, a curator as described in s. 733.501, a guardian |
| 19 | or guardian ad litem as defined in s. 744.102, a conservator as |
| 20 | defined in s. 710.102, or an attorney in fact as described in |
| 21 | chapter 709. |
| 22 | (2) A communication between a lawyer and a client acting |
| 23 | as a fiduciary is privileged and protected from disclosure under |
| 24 | s. 90.502 to the same extent as if the client were not acting as |
| 25 | a fiduciary. In applying s. 90.502 to a communication under this |
| 26 | section, the person or entity acting as a fiduciary is |
| 27 | considered the only, real client of the lawyer. |
| 28 | Section 2. This act shall take effect July 1, 2006. |