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: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

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: Fla. | Date Filed: 2019-11-14T00:00:00-08:00

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: Fla. | Date Filed: 2019-05-23T00:53:00-07:00

Snippet: procedural the legislature’s creation in section 90.5021 of a “fiduciary lawyer-client privilege.” Amends…section 1, Laws of Florida, which created section 90.5021, Florida Statutes (2017), (Fiduciary lawyer-client

Richard DeLisle v. Crane Co.

Court: Fla. | Date Filed: 2018-10-15T00:00:00-07:00

Citation: 258 So. 3d 1219

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

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

Court: Fla. | Date Filed: 2018-01-24T23:53:00-08:00

Snippet: section 1, Laws of Florida, which created section 90.5021, Florida Statutes (2017), (Fiduciary lawyer-client… The Committees ask the Court to adopt section 90.5021 of the Florida Evidence Code in order to resolve…the Court’s 2014 decision not to adopt section 90.5021. The CRE Committee voted 26-0 to ask the Court… voted 30-0 to ask the Court to adopt section 90.5021. The Board of Governors of The Florida Bar voted…One comment opposed the Court adopting section 90.5021 and the other was not responsive to the request

In re Amendments to the Florida Evidence Code

Court: Fla. | Date Filed: 2017-02-16T00:00:00-08:00

Citation: 210 So. 3d 1231

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

In Re: Amendments to the Florida Evidence Code

Court: Fla. | Date Filed: 2017-02-15T23:53:00-08:00

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: Fla. | Date Filed: 2014-07-10T00:00:00-07:00

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: Fla. | Date Filed: 2011-09-28T00:00:00-07:00

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