(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).
Privilege for Trustees and Representatives: This statute clarifies that the standard attorney-client privilege applies even when the client is a "fiduciary"—someone acting on behalf of others, such as a trustee, a personal representative of an estate, or a guardian.
The Key Clarification: The most important part of this rule is that it defines who the "client" is in these situations. For the purposes of the privilege, the client is the **fiduciary only** (the trustee, the guardian, etc.), not the beneficiaries of the trust or estate.
This means that communications between a trustee and their lawyer about administering the trust are confidential. The beneficiaries of the trust cannot force the lawyer or the trustee to disclose those confidential legal communications, even though the fiduciary has a duty to the beneficiaries.
The crime-fraud exception still applies; a fiduciary cannot use the privilege to hide communications made to further a crime or fraud.
