| Duty of Attorney to Third Parties.

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Effective: March 22, 2019

Latest Legislation: House Bill 595 - 132nd General Assembly

(A) Absent an express agreement to the contrary, an attorney who performs legal services for a fiduciary, by reason of the attorney performing those legal services for the fiduciary, has no duty or obligation in contract, tort, or otherwise to any third party to whom the fiduciary owes fiduciary obligations.

(B) Any communication between an attorney and a client who is acting as a fiduciary is privileged and protected from disclosure to third parties to whom the fiduciary owes fiduciary duties to the same extent as if the client was not acting as a fiduciary.

(C) As used in this section, "fiduciary" means a trustee under an express trust or an executor or administrator of a decedent's estate.


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