Trustees and the Attorney-Client Privilege

The fiduciary exception to attorney-client privilege is fertile ground for trust litigation.  I’ve seen many situations where the attorney is advising  his or her client on the same matter, with the client as the Trustee and as the beneficiary of a trust. Not only are there conflict of interest issues for the client, but the client many times inadvertently loses privilege when not clarified by the attorney at the time.

Application of the fiduciary exception varies by state and jurisdiction, with the rule restricted or eliminated in the four largest states.  Here is a new article reviewing the current status of the fiduciary exception:

Trustees and the Attorney-Client Privilege

About Steve Masterson

Court-appointed Trustee and Personal Representative, providing neutral, third-party, administration of Trusts and Estates; estate planning consultant to families, attorneys, and fiduciaries; and expert witness for trust and estate litigation matters. See my website at
This entry was posted in Duties of Trustee, Executor, fiduciary, Trust, Trust Administration, trust beneficiary, trustee and tagged , , , , , . Bookmark the permalink.

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