The bill amends Chapter 18-1 of the General Laws by adding a new section titled "Confidential communications." This section establishes that 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 were acting in their individual capacity. It specifies that this privilege is not waived by the fiduciary relationship between the trustee or other fiduciary and a beneficiary of the trust, nor by the use of trust property to compensate the attorney for legal services rendered to the trustee or other fiduciary.
Additionally, the bill clarifies that if an attorney's client is a trustee or other fiduciary, the attorney's client is solely the person acting as trustee or other fiduciary, and a successor trustee or other fiduciary is not considered the attorney's client solely by virtue of succeeding the person with whom the attorney had an attorney-client relationship. The bill allows for a trustee or other fiduciary and their successor to agree to share privileged communications related to some or all matters involving the trust, stating that such disclosure does not waive the disclosing party's privilege. Unless otherwise agreed, privileged communications disclosed under this agreement shall not be disclosed to a third party without the disclosing party's consent or a court order.
Finally, the bill maintains that this section shall not impair or abridge the law governing exceptions to the attorney-client privilege relative to claimants through the same deceased. The act is set to take effect upon passage.