H*3605 Session 117 (2007-2008)
H*3605(Rat #0250, Act #0211 of 2008) General Bill, By Harrison
Similar(S 502)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS
BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE
FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY. - ratified title
02/28/07 House Introduced and read first time HJ-29
02/28/07 House Referred to Committee on Judiciary HJ-29
04/18/07 House Committee report: Favorable with amendment
Judiciary HJ-24
04/19/07 House Amended HJ-46
04/19/07 House Read second time HJ-47
04/19/07 House Unanimous consent for third reading on next
legislative day HJ-47
04/20/07 House Read third time and sent to Senate HJ-2
04/24/07 Senate Introduced and read first time SJ-5
04/24/07 Senate Referred to Committee on Judiciary SJ-5
04/26/07 Senate Referred to Subcommittee: Gregory (ch), Elliott,
Anderson, Ritchie, Cleary
04/02/08 Senate Committee report: Favorable with amendment
Judiciary SJ-8
04/09/08 Senate Committee Amendment Adopted SJ-92
04/09/08 Senate Read second time SJ-92
04/10/08 Senate Read third time and returned to House with
amendments SJ-27
04/22/08 House Concurred in Senate amendment and enrolled HJ-85
05/08/08 Ratified R 250
05/13/08 Signed By Governor
05/19/08 Copies available
05/19/08 Effective date 05/13/08
05/20/08 Act No. 211
H. 3605
(A211, R250, H3605)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-1-110 SO AS TO CLARIFY THAT IF AN ATTORNEY-CLIENT RELATIONSHIP EXISTS BETWEEN A LAWYER AND A FIDUCIARY, COMMUNICATIONS BETWEEN THE LAWYER AND THE FIDUCIARY ARE PRIVILEGED UNLESS WAIVED BY THE FIDUCIARY.
Be it enacted by the General Assembly of the State of South Carolina:
Fiduciary-lawyer privilege
SECTION 1. Article 1, Chapter 1, Title 62 of the 1976 Code is amended by adding:
"Section 62-1-110. Whenever an attorney-client relationship exists between a lawyer and a fiduciary, communications between the lawyer and the fiduciary shall be subject to the attorney-client privilege unless waived by the fiduciary, even though fiduciary funds may be used to compensate the lawyer for legal services rendered to the fiduciary. The existence of a fiduciary relationship between a fiduciary and a beneficiary does not constitute or give rise to any waiver of the privilege for communications between the lawyer and the fiduciary.
South Carolina Reporter's Comments
This section was enacted and intended to: (i) expressly reject the concept of a 'fiduciary exception' to any attorney-client privilege; (ii) encourage full disclosure by the fiduciary to the lawyer to further the administration of justice; and (iii) foster confidence between a fiduciary and his lawyer that will lead to a trusting and open attorney-client dialogue. See Estate of Kofsky, 487 Pa. 473 (1979). This section also expressly rejects the holding set forth in the case of Riggs Natl. Bank v. Zimmer, 355 A.2d 709 (Del. Ch. 1976)(trustee's invocation of the attorney-client privilege does not shield document from disclosure to trust beneficiaries) as applied by the Court in Floyd v. Floyd, 365 S.C. 56, 615 S.E.2d 465 (Ct. App. 2005)."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 8th day of May, 2008.
Approved the 13th day of May, 2008.
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