ATTORNEY CLIENT PRIVILEGE IN PALM BEACH, FLORIDA: are documents protected before trial ?

The    #FloridaAppealsCourt    for #PalmBeachCounty, Florida released an opinion on    #AttorneyClientPrivilege    on January 22, 2014 which all #FloridaTrialLawyers  and #ProbateLitigators   will want to know about.

At issue was production — or non-production — of   documents    before a #PalmBeachTrial.    The case was in the West Palm Beach, Florida courthouse, where the trial judge handled the  discovery dispute.

Document production seems to be hotly contested in #FloridaProbateLawsuits —everyone who has a    #WillChallenge    or who #ContestsAWill   wants the deceased Florida resident’s #ProbateLawyer’s files.

Q: Is the  #FloridaEstatePlanning  file   of one who is now deceased required to be produced  ?

Under    #FloridaProbateLaw   and the #FloridaEvidenceCode the #AttorneyClientPrivilege in Florida regarding a deceased #FloridaResident is held by the #PersonalRepresentative.    There is an important #FloridaProbate exception for #EstateDisputes    between beneficiaries or heirs    who take under the same document like a #FloridaWill.      Knowing when to object to production, and when you should not, is an important part of trial strategy and the discovery process for those engaged in #EstateLawsuits.

In this recent case, which did not involve #FloridaProbate,  one side wanted documents.    The other side claimed #AttorneyClientPrivilege under #FloridaLaw.    The party to the #FloridaLawsuit claiming the privilege also completed a   #PrivilegeLog   identifying the documents which existed but which, the party argued, should not be disclosed, because they were protected by the #AttorneyClientPrivilege under Florida law.

The other side argued that the privilege was   WAIVED since the documents went to third parties.

The #TrialJudge did not  conduct  an   in camera inspection    to determine whether the documents were privileged or not. The #FloridaAppealsCourt for #PalmBeachCounty ruled that the #PalmBeachTrialCourt should have conducted an in camera inspection — a private viewing of the documents.