§ 90.5021, Fla. Stat.

Fiduciary lawyer-client privilege

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90.5021 Fiduciary lawyer-client privilege. — (1) For the purpose of this section, a client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss. 731.201 and 736.0103, an administrator ad litem as described in s. 733.308, a curator as described in s. 733.501, a guardian or guardian ad litem as defined in s. 744.102, a conservator as defined in s. 710.102, or an attorney in fact as described in chapter 709. (2) A communication between a lawyer and a client acting as a fiduciary is privileged and protected from disclosure under s. 90.502 to the same extent as if the client were not acting as a fiduciary. In applying s. 90.502 to a communication under this section, only the person or entity acting as a fiduciary is considered a client of the lawyer. (3) This section does not affect the crime or fraud exception to the lawyer-client privilege provided in s. 90.502(4)(a). History. — s. 1, ch. 2011-183.

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