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A211, R250, H3605
Sponsors: Rep. Harrison
Document Path: l:\council\bills\ggs\22758mm07.doc
Companion/Similar bill(s): 502
Introduced in the House on February 28, 2007
Introduced in the Senate on April 24, 2007
Last Amended on April 19, 2007
Passed by the General Assembly on April 22, 2008
Governor's Action: May 13, 2008, Signed
Summary: Attorney-client relationship
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/28/2007 House Introduced and read first time HJ-29 2/28/2007 House Referred to Committee on Judiciary HJ-29 4/18/2007 House Committee report: Favorable with amendment Judiciary HJ-24 4/19/2007 House Amended HJ-46 4/19/2007 House Read second time HJ-47 4/19/2007 House Unanimous consent for third reading on next legislative day HJ-47 4/20/2007 House Read third time and sent to Senate HJ-2 4/24/2007 Senate Introduced and read first time SJ-5 4/24/2007 Senate Referred to Committee on Judiciary SJ-5 4/26/2007 Senate Referred to Subcommittee: Gregory (ch), Elliott, Anderson, Ritchie, Cleary 4/2/2008 Senate Committee report: Favorable with amendment Judiciary SJ-8 4/9/2008 Senate Committee Amendment Adopted SJ-92 4/9/2008 Senate Read second time SJ-92 4/10/2008 Senate Read third time and returned to House with amendments SJ-27 4/22/2008 House Concurred in Senate amendment and enrolled HJ-85 5/8/2008 Ratified R 250 5/13/2008 Signed By Governor 5/19/2008 Copies available 5/19/2008 Effective date 05/13/08 5/20/2008 Act No. 211
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VERSIONS OF THIS BILL
(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:
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)."
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.
This web page was last updated on Monday, October 10, 2011 at 1:35 P.M.