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NEWS

February 2015
Partner Nancy E. Delaney and Associates Michael S. Schwartz and Jonathan Byer Author Article on the “Fiduciary Exception” to the Attorney-Client Privilege in Estate Planning Magazine

 

Partner Nancy E. Delaney and Associates Michael S. Schwartz and Jonathan Byer published an article “‘Fiduciary Exception’ to the Attorney-Client Privilege” in the February issue of Estate Planning magazine.

The article examines the “fiduciary exception” to the attorney-client privilege that allows beneficiaries and successor fiduciaries access to otherwise privileged communications between a fiduciary and his or her attorney.  The authors analyze the various approaches courts in multiple jurisdictions have taken both in support of and against imposing a fiduciary exception, including the recent Arizona Court of Appeals case of Hammerman v. Northern Trust.  Using these rationales as a guide, the article provides suggestions to both fiduciaries and their counsel to help ensure that communications between the two parties remain privileged to the fullest extent possible under applicable law.

For the full-length article, please click here.

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