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Florida Statute 90.5021 | Lawyer Caselaw & Research
F.S. 90.5021 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 90.5021

The 2023 Florida Statutes (including Special Session C)

Title VII
EVIDENCE
Chapter 90
EVIDENCE CODE
View Entire Chapter
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 from cite.case.law:

DELISLE, v. CRANE CO., 258 So. 3d 1219 (Fla. 2018)

. . . 536 (Fla. 2014) (declining to adopt chapter 2011-183, section 1, Laws of Florida, creating section 90.5021 . . .

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE- OUT- OF- CYCLE REPORT, 234 So. 3d 565 (Fla. 2018)

. . . to the extent it is procedural, chapter 2011-188, section 1, Laws of Florida, which created section 90.5021 . . . BACKGROUND The Committees ask the Court to adopt section 90.5021 of the Florida Evidence Code in order . . . The FPR Committee voted 30-0 to ask the Court to adopt section 90.5021. . . . One comment opposed the Court adopting section 90.5021 and the other was not responsive to the request . . . Óne comment urged the Court to adopt section 90.5021 and the other opposed adoption. . . . .

IN RE AMENDMENTS TO FLORIDA EVIDENCE CODE, 210 So. 3d 1231 (Fla. 2017)

. . . Code, 144 So.3d 536 (Fla. 2014) (declining to follow the Committee's recommendation to adopt section 90.5021 . . .

BIVINS, v. ROGERS, Jr., 207 F. Supp. 3d 1321 (S.D. Fla. 2016)

. . . enacted Section 90.5021, Florida Statutes. . . . Stat. § 90.5021. . . . Finally, secondary sources cite Section 90.5021 as a statute in effect. See, e.g., Charles W. . . . Prac., Evidence § 90.5021 (2016 ed.). . . . Section 90.5021 established new substantive law in Florida. . . .

BAIN, B. v. McINTOSH,, 597 F. App'x 623 (11th Cir. 2015)

. . . Pursuant to Florida Statutes § 90.5021(2) (2011), “only the person or entity acting as a [trustee] is . . .

In AMENDMENTS TO FLORIDA EVIDENCE CODE, 144 So. 3d 536 (Fla. 2014)

. . . In chapter 2011-183, section 1, Laws of Florida, the Legislature enacted section 90.5021, Florida Statutes . . .

In AMENDMENTS TO FLORIDA PROBATE RULES, 73 So. 3d 205 (Fla. 2011)

. . . notice of administration include a statement that “the fiduciary lawyer-client privilege in section 90.5021 . . . of the personal representative’s attorney, and that the fiduciary lawyer-client privilege in section 90.5021 . . .