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SB0131 • 2026

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

Estates and Trusts - Fiduciaries - Attorney-Client Privilege

Enacted

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

Sponsor
Senator West
Last action
2026-05-12
Official status
Approved by the Governor - Chapter 500
Effective date
2026-10-01

Plain English Breakdown

The official source material did not provide specific details on the impact of other types of legal communications or financial transactions, leaving some uncertainty in those areas.

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.

Who It Names or Affects

  • Attorneys
  • Clients who act as fiduciaries

Terms To Know

Fiduciary
A person or organization that manages money or property for someone else, like a trustee or agent.
Attorney-Client Privilege
A rule that keeps conversations between lawyers and their clients private and confidential.

Limits and Unknowns

  • The law does not change how attorney-client privilege works for non-fiduciary relationships.
  • It is unclear if this law will affect other types of legal communications or financial transactions.

Bill History

  1. 2026-05-12 Post Passage

    Approved by the Governor - Chapter 500

  2. 2026-04-02 House

    Favorable Report by Judiciary

  3. 2026-03-18 House

    Third Reading Passed (119-0)

  4. 2026-03-17 House

    Favorable Adopted Second Reading Passed

  5. 2026-03-17 Senate

    Returned Passed

  6. 2026-02-23 Senate

    Favorable Report by Judicial Proceedings

  7. 2026-02-21 House

    Referred Judiciary

  8. 2026-02-18 Senate

    Third Reading Passed (44-0)

  9. 2026-02-16 Senate

    Favorable Adopted

  10. 2026-02-16 Senate

    Second Reading Passed

  11. 2026-01-14 Senate

    First Reading Judicial Proceedings

  12. 2026-01-13 Senate

    Hearing 1/22 at 1:00 p.m.

  13. 2025-10-21 Senate

    Pre-filed

  14. Maryland General Assembly

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

  15. Maryland General Assembly

    Vote - Senate - Committee - Judicial Proceedings

  16. Maryland General Assembly

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

  17. Maryland General Assembly

    Vote - House - Committee - Judiciary

  18. 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.
*sb0131*

SENATE BILL 131
N2 6lr1279
SB 135/25 – JPR (PRE–FILED) CF HB 65
By: Senator West
Requested: October 21, 2025
Introduced and read first time: January 14, 2026
Assigned to: Judicial Proceedings
Committee Report: Favorable
Senate action: Adopted
Read second time: February 16, 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 SENATE BILL 131

(B) (1) UNLESS WAIVED BY THE CLIENT, A COMMUNICATION BETW EEN 1
AN ATTORNEY AND A CL IENT THAT ACTS AS A FIDUCIARY IS SU BJECT 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.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.