Suppose you are hired by a trustee or executor to assist in trust or estate administration. Then a beneficiary calls you, wanting information about what the trustee or executor is up to.

This poses a dilemma. How much information are beneficiaries entitled to? The issue rests on the chassis of attorney-client confidentiality. Where attorneys have a relationship with fiduciaries; and the fiduciaries, in their turn, owe a duty to beneficiaries; how far does the attorney-client privilege extend?

Some jurisdictions have adopted a doctrine known as the “fiduciary exception” to the attorney-client privilege. This holds that beneficiaries have the right to disclosure of legal advice as it relates to fiduciaries’ conduct in administering their fiduciary duties.