§ 18-1-5 — § 18-1-5. Confidential communications.

§ 18-1-5. Confidential communications.

(a) A communication between an attorney and a client acting as a trustee or other fiduciary, is privileged and protected from disclosure to the same extent as if the client was acting in the client's individual capacity and not acting as a trustee or other fiduciary.

(b) The privilege is not waived by:

(1) A fiduciary relationship between the trustee or other fiduciary, and a beneficiary of the trust; or

(2) The use of trust property to compensate the attorney for legal services rendered to the trustee or other fiduciary.

(c) If an attorney's client is a trustee or other fiduciary, then the attorney's client is only the person acting as trustee or other fiduciary. A successor trustee or other fiduciary is not the attorney's client solely by reason of succeeding the person with whom the attorney had an attorney-client relationship.

(d) A trustee or other fiduciary, and their successor may agree to share privileged communications relating to some or all matters involving the trust. The disclosure of privileged communications under the agreement does not waive the disclosing party's privilege. Unless the agreement provides otherwise, privileged communications disclosed under the agreement shall not be disclosed to a third party without the disclosing party's consent or a court order.

(e) This section shall not impair or abridge the law governing exceptions to the attorney-client privilege relative to claimants through the same deceased.

Legislative History

P.L. 2025, ch. 38, § 1, effective June 13, 2025; P.L. 2025, ch. 57, § 1, effective June 13, 2025.