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Statutes Library

§ 90.5021, Fla. Stat. (2026)

Fiduciary lawyer-client privilege.

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Verbatim authority — exact text only

Ch. 90 — EVIDENCE CODE

90.5021 Fiduciary lawyer-client privilege.—

(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).

History.—s. 1, ch. 2011-183; s. 2, ch. 2026-85.

Source: Florida Senate 2026 Statutes (flsenate.gov) · retrieved August 23, 2026 · SHA-256 c9544c42014899469321

Re-verified against the 2026 Florida Statutes on 2026-08-23: text CHANGED from the 2025 edition (previous hash 121ddc023c311d6f36a21ed2825a48423bb39b3f5b7416150b8288ba3907414f). Amended by ch. 2026-85 (History line of the 2026 edition). Dual-source verified (flsenate + Online Sunshine hash match).