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HB0065 • 2026

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

Privacy
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Delegate Cardin
Last action
2026-05-12
Official status
Approved by the Governor - Chapter 501
Effective date
2026-10-01

Plain English Breakdown

The official source material does not provide information on how the relationship between a fiduciary and a beneficiary affects attorney-client privilege, so this claim was removed.

Attorney-Client Privilege for Fiduciaries

This law clarifies that communications between an attorney and a client who acts as a fiduciary are protected by attorney-client privilege, even if the communication is paid for with fiduciary funds.

What This Bill Does

  • Clarifies that conversations between attorneys and clients acting as fiduciaries remain private under attorney-client privilege rules.
  • Ensures that using fiduciary money to pay an attorney does not break this privacy rule.

Who It Names or Affects

  • Attorneys
  • Clients who act as fiduciaries

Terms To Know

Fiduciary
A person legally responsible for managing another's assets and acting in their best interest.
Attorney-Client Privilege
The rule that allows lawyers to keep certain communications with clients confidential.

Limits and Unknowns

  • Does not specify what happens if the client explicitly waives attorney-client privilege.
  • Does not address situations where other laws might override this privilege.

Bill History

  1. 2026-05-12 Post Passage

    Approved by the Governor - Chapter 501

  2. 2026-04-09 Senate

    Favorable Report by Judicial Proceedings

  3. 2026-03-30 House

    Returned Passed

  4. 2026-03-25 Senate

    Third Reading Passed (45-0)

  5. 2026-03-21 Senate

    Favorable Adopted Second Reading Passed

  6. 2026-03-13 House

    Favorable Report by Judiciary

  7. 2026-03-05 House

    Third Reading Passed (120-0)

  8. 2026-03-03 Senate

    Referred Judicial Proceedings

  9. 2026-03-01 House

    Favorable Adopted Second Reading Passed

  10. 2026-01-16 House

    Hearing 1/28 at 2:00 p.m.

  11. 2026-01-16 House

    Hearing canceled

  12. 2026-01-16 House

    Hearing 1/28 at 1:00 p.m.

  13. 2026-01-14 House

    First Reading Judiciary

  14. 2025-10-22 House

    Pre-filed

  15. Maryland General Assembly

    Text - First - Estates and Trusts - Fiduciaries - Attorney-Client Privilege

  16. Maryland General Assembly

    Vote - House - Committee - Judiciary

  17. Maryland General Assembly

    Text - Third - Estates and Trusts - Fiduciaries - Attorney-Client Privilege

  18. Maryland General Assembly

    Vote - Senate - Committee - Judicial Proceedings

  19. Maryland General Assembly

    Text - Chapter - Estates and Trusts - Fiduciaries - Attorney-Client Privilege

Official Summary Text

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.

Current Bill Text

Read the full stored bill text 
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0065*

HOUSE BILL 65
N2 6lr1294
HB 310/25 – JUD (PRE–FILED) CF SB 131
By: Delegate Cardin
Requested: October 22, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 1, 2026

CHAPTER ______

AN ACT concerning 1

Estates and Trusts – Fiduciaries – Attorney–Client Privilege 2

FOR the purpose of clarifying that a communication between an attorney and a client that 3
acts as a fiduciary is subject to the attorney –client privilege even if fiduciary funds 4
are used to compensate the attorney for services rendered to the client; and generally 5
relating to fiduciaries and the attorney–client privilege. 6

BY adding to 7
Article – Estates and Trusts 8
Section 15–117 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2025 Supplement) 11

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13

Article – Estates and Trusts 14

15–117. 15

(A) IN THIS SECTION, “FIDUCIARY” INCLUDES AN AGENT, AS DEFINED IN § 16
17–101 OF THIS ARTICLE. 17

2 HOUSE BILL 65

(B) (1) UNLESS WAIVED BY THE CLIENT, A COMMUNICATION BETW EEN 1
AN ATTORNEY AND A CL IENT THAT ACTS AS A FIDUCIARY IS SUBJECT TO THE 2
ATTORNEY–CLIENT PRIVILEGE EVE N IF FIDUCIARY FUNDS ARE USED TO 3
COMPENSATE THE ATTORNEY FOR LEGAL SERVICES RENDERED TO THE CLIENT. 4

(2) THE EXISTENCE OF A FI DUCIARY RELATIONSHIP BETWEEN A 5
FIDUCIARY AND A BENEFICIARY DOES NOT CONSTITUTE OR GIVE RISE TO A WAIVER 6
OF THE ATTORNEY –CLIENT PRIVILEGE FOR COMMUNICATIONS BETWE EN THE 7
ATTORNEY AND THE FIDUCIARY. 8

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
October 1, 2026. 10

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.