Estates and Trusts - Fiduciaries - Attorney-Client Privilege, the official text

WES MOORE, Governor                                 Ch. 501

Chapter 501

                   (House Bill 65)

AN ACT concerning

         Estates and Trusts – Fiduciaries – Attorney–Client Privilege

FOR the purpose of clarifying that a communication between an attorney and a client that
         acts as a fiduciary is subject to the attorney–client privilege even if fiduciary funds
         are used to compensate the attorney for services rendered to the client; and generally
         relating to fiduciaries and the attorney–client privilege.

BY adding to
         Article – Estates and Trusts
         Section 15–117
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Estates and Trusts

15–117.

        (A) IN THIS SECTION, “FIDUCIARY” INCLUDES AN AGENT, AS DEFINED IN §
17–101 OF THIS ARTICLE.

        (B) (1) UNLESS WAIVED BY THE CLIENT, A COMMUNICATION BETWEEN

AN ATTORNEY AND A CLIENT THAT ACTS AS A FIDUCIARY IS SUBJECT TO THE

ATTORNEY–CLIENT PRIVILEGE EVEN IF FIDUCIARY FUNDS ARE USED TO
COMPENSATE THE ATTORNEY FOR LEGAL SERVICES RENDERED TO THE CLIENT.

                (2) THE EXISTENCE OF A FIDUCIARY RELATIONSHIP BETWEEN A

FIDUCIARY AND A BENEFICIARY DOES NOT CONSTITUTE OR GIVE RISE TO A WAIVER

OF THE ATTORNEY–CLIENT PRIVILEGE FOR COMMUNICATIONS BETWEEN THE
ATTORNEY AND THE FIDUCIARY.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2026.

Approved by the Governor, May 12, 2026.

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