The fiduciary exception to the attorney-client privilege in the trust context
By EsqSocial Corporation 22/05/21
The drafters of the Uniform Trust Code back in 2000 decided to leave open for further consideration by the courts the extent to which a trustee may claim attorney-client privilege against a beneficiary seeking discovery of attorney-client communications between the trustee and the trustee’s lawyer, the courts now being profoundly split on the question of whom trust counsel represents. See UTC §813 cmt. Reconciling two contradictory inventions of equity, the lawyer’s fiduciary duty to his or her...
By: Charles E. Rounds, Jr.