Fiduciaries and the attorney-client privilege

Published Updated 3 Min Read

Your communications with your attorney are not privileged.  Wow, that is a scary thought, isn’t it?

Courts have carved out a very broad exception to the attorney-client privilege in the context of fiduciary litigation. When an attorney advises a fiduciary about the administration of a benefit plan, courts have found that the attorney’s client is actually the beneficiaries of the plan and not the fiduciary personally.


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