HB 1341

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

CODING: Words stricken are deletions; words underlined are additions.