Florida Statute 90.5021 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

View Entire Chapter

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.

F.S. 90.5021 on Google Scholar

F.S. 90.5021 on CourtListener

Amendments to 90.5021

Annotations, Discussions, Cases:

Cases Citing Statute 90.5021

Total Results: 10

Richard DeLisle v. Crane Co.

258 So. 3d 1219

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090

Cited 18 times | Published

2011-183, section 1, Laws of Florida, creating section 90.5021, Florida Statutes (2012), which establishes

In re Amendments to the Florida Evidence Code

210 So. 3d 1231

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 60294194

Cited 4 times | Published

follow the Committee's recommendation to adopt section 90.5021, Florida Statutes (2014), which establishes

In Re Amendments to the Florida Probate Rules

73 So. 3d 205, 36 Fla. L. Weekly Supp. 541, 2011 Fla. LEXIS 2287, 2011 WL 4467595

Supreme Court of Florida | Filed: Sep 28, 2011 | Docket: 2359764

Cited 2 times | Published

...Consistent with statutory changes made by chapter 2011-183, section 8, Laws of Florida (amending § 733.212, Fla. Stat. (2010)), subdivision (b)(2) of rule 5.240 (Notice of Administration) is amended to require that a notice of administration include a statement that "the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative." Accordingly, we amend the Florida Probate Rules as reflected in the appendix to this opinion....

...ther the estate is testate or intestate, and, if testate, the date of the will and any codicils; (2) the name and address of the personal representative and of the personal representative's attorney, and that the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to the personal representative and any attorney employed by the personal representative; (3) that any interested person on whom the notice is served who challenges the validity of the will, the...

Bivins v. Rogers

207 F. Supp. 3d 1321, 2016 WL 4702682, 2016 U.S. Dist. LEXIS 120892

District Court, S.D. Florida | Filed: Sep 7, 2016 | Docket: 64310274

Published

applicable case law and the 2011 enactment of Section 90.5021, Florida Statutes. A secondary issue involves

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Nov 14, 2019 | Docket: 16761661

Published

that the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to

In Re: Amendments to the Florida Evidence Code

Supreme Court of Florida | Filed: May 23, 2019 | Docket: 15665581

Published

procedural the legislature’s creation in section 90.5021 of a “fiduciary lawyer-client privilege.”

In Re AMENDMENTS TO the FLORIDA EVIDENCE CODE

144 So. 3d 536, 39 Fla. L. Weekly Supp. 501, 2014 Fla. LEXIS 2156, 2014 WL 3573106

Supreme Court of Florida | Filed: Jul 10, 2014 | Docket: 400978

Published

...See In re Amends. to the Fla. Evidence Code, 53 So. 3d 1019 (Fla. 2011). For the reasons discussed below, we decline to adopt two of the Committee’s three recommendations. In chapter 2011-183, section 1, Laws of Florida, the Legislature enacted section 90.5021, Florida Statutes, which establishes a “fiduciary lawyer-client privilege.” According to the Committee, whether a fiduciary is entitled to the lawyer-client privilege when the fiduciary employs an attorney in connection with hi...

In Re: Amendments to the Florida Evidence Code - 2017 Out-of-Cycle Report

Supreme Court of Florida | Filed: Jan 25, 2018 | Docket: 6282763

Published

section 1, Laws of Florida, which created section 90.5021, Florida Statutes (2017), (Fiduciary lawyer-client

In Re: Amendments to the Florida Evidence Code

210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Supreme Court of Florida | Filed: Feb 16, 2017 | Docket: 4586140

Published

follow the Committee’s recommendation to adopt section 90.5021, Florida Statutes (2014), which establishes

In Re: Amendments to the Florida Probate Rules - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761661

Published

that the fiduciary lawyer-client privilege in section 90.5021, Florida Statutes, applies with respect to

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.