Attorney Client Privilege Applies to Handwritten Drafts of Answers in Florida Lawsuit

Everyone knows that the discovery process is permitted in Palm Beach estate litigation by the Florida Probate Rules and also the Florida Rules of Civil Procedure.  One of the great privileges or protections of Florida law for heirs and family members who are involved in a Palm Beach inheritance lawsuit is the attorney client privilege. You are not required to produce or disclose communications you have with your estate litigator: no matter how much the other side wants your information.  It’s confidential & privileged.   For those estate or trust beneficiaries involved in a probate lawsuit in Palm Beach Gardens or Delray Beach, you may want to read this March 28, 2014 opinion from Florida’s 5th District Court of Appeal.

Privileges for Palm Beach Estate Beneficiaries

• Everyone knows that estate beneficiaries who hire probate lawyers have the privilege of keeping communications with your probate lawyer privileged.

Q: What is the extent of the attorney client privilege if you are involved in a trust lawsuit or probate lawsuit?

Consider the case of Montanez v. Publix at 39 FLW D 672.    Handwritten answers to interrogatories which were handwritten and unsigned could NOT be discovered by the other side.

If you are involved in an estate lawsuit in Palm Beach or Ft. Lauderdale, consider how you are keeping your communications with your estate litigator protected.