South Carolina Statutes
§ 62-1-110 — Fiduciary and lawyer, privileged communication.
South Carolina § 62-1-110
JurisdictionSouth Carolina
Title 62SOUTH CAROLINA PROBATE CODE
Ch.ARTICLE 1 - GENERAL PROVISIONS, DEFINITIONS, AND PROBATE JURISDICTION OF COURT
This text of South Carolina § 62-1-110 (Fiduciary and lawyer, privileged communication.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.C. Code Ann. § 62-1-110 (2026).
Text
Whenever an attorney-client relationship exists between a lawyer and a fiduciary, communications between the lawyer and the fiduciary shall be subject to the attorney-client privilege unless waived by the fiduciary, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. The existence of a fiduciary relationship between a fiduciary and a beneficiary does not constitute or give rise to any waiver of the privilege for communications between the lawyer and the fiduciary.
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Related
Schwartz v. Wellin
(D. South Carolina, 2019)
Legislative History
HISTORY: 2008 Act No. 211, SECTION 1, eff May 13, 2008; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Nearby Sections
15
§ 62-1-100
Effective date.§ 62-1-101
Short title.§ 62-1-102
Purposes; rules of construction.§ 62-1-104
Severability.§ 62-1-105
Construction against implied repeal.§ 62-1-106
Effect of fraud and evasion.§ 62-1-107
Evidence as to death or status.§ 62-1-108
Acts by holder of general power.§ 62-1-111
Authority to award costs and expenses.§ 62-1-112
Inherent power of court.§ 62-1-201
General definitions.§ 62-1-301
Territorial application.Cite This Page — Counsel Stack
Bluebook (online)
South Carolina § 62-1-110, Counsel Stack Legal Research, https://law.counselstack.com/statute/sc/62-1-110.