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Florida Attorney-Client Privilege & the Crime-Fraud Exception

Uncategorized Jun 9, 2016
post about Florida Attorney-Client Privilege & the Crime-Fraud Exception

When does an attorney-client privilege arise to protect supposedly confidential communications? If I contact a probate litigator West Palm Beach about an inheritance matter in Florida, is my conversation protected? Will it be kept confidential?

Attorney-Client Privilege in Florida Trust and Estate Litigation

  • If you’re a Palm Beach estate planning attorney in Florida, you are probably contacted frequently by a family member wishing to contest a will or to ensure that they obtain an inheritance.
  • You may agree to provide legal services or sometimes you might simply speak with them initially and go your separate ways.
  • What happens if someone speaks to you as a probate lawyer and they don’t hire you?
  • Are the communications still privileged?
  • Does the attorney-client privilege still exist if someone speaks with you about their probate matter but you decide not to take their case?
  • Can that person’s opposing party hire you as their trust and estate attorney West Palm Beach?
  • Can someone testify about what you spoke to the Florida probate lawyer about?
  • Can a Palm Beach judge order a lawyer to testify at a probate trial about a client?

Can a lawyer be ordered to testify about a client?

  • A June 8, 2016 New York Times article discusses a tax evasion case involving a 71 year old man named Mr. Zuckerman.
  • Mr. Zukerman allegedly “failed to report a profit from the sale of an oil company that would have generated $31 million in income taxes and misled his accountants and lawyers in the course of an I.R.S. audit.”
  • This article discusses the crime-fraud exception to the attorney-client privilege.
  • What is this exception?
  • How does it affect the relationship you have with your guardianship trial lawyer Miami?
  • To read the entire article, click here.