Florida Statute 90.5021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.5021

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 Casetext

Amendments to 90.5021

Arrestable Offenses / Crimes under Fla. Stat. 90.5021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.5021.

Annotations, Discussions, Cases:

Cases Citing Statute 90.5021

Total Results: 9

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

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

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

Court: Supreme Court of Florida | Date Filed: 2019-11-14

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

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2019-05-23

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

Richard DeLisle v. Crane Co.

Court: Supreme Court of Florida | Date Filed: 2018-10-15

Citation: 258 So. 3d 1219

Snippet: section 1, Laws of Florida, creating section 90.5021, Florida Statutes (2012), which establishes a "fiduciary

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

Court: Supreme Court of Florida | Date Filed: 2018-01-25

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

In re Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1231

Snippet: the Committee's recommendation to adopt section 90.5021, Florida Statutes (2014), which establishes a fiduciary

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

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

Snippet: the Committee’s recommendation to adopt section 90.5021, Florida Statutes (2014), which establishes a fiduciary

In Re AMENDMENTS TO the FLORIDA EVIDENCE CODE

Court: Supreme Court of Florida | Date Filed: 2014-07-10

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

Snippet: Laws of Florida, the Legislature enacted section 90.5021, Florida Statutes, which establishes a “fiduciary

In Re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2011-09-28

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

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