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 Probate Litigation
- If you’re an 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 theirprobate 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?
Valliere v. Florida Elections Comission
- This is a Sept 10, 2008 Fourth District Court of Appeal ( DCA) case.
- Although this is not a probate case, it is relevant to trust and estates litigation Palm Beach because it discusses attorney-client privilege.
- Here, the Fourth DCA explains what the test is for an attorney-client relationship.
- In addition, it discusses what courts should be doing to determine whether certain communications are privileged or not.
- The court starts out by saying what the standard of law is.
- Whether attorney-client relationship existed is a “question of fact.”
- If you are a involved in guardianship or probate litigation in Palm Beach County,Miami Dade County, or Martin County, click here to read the full opinion and learn about the test for determining the existence of an attorney-client relationship.
Want to know more about Florida probate litigation? Consider these free resources:
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- Read the Florida Courts webpage on the probate process:http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/probate.stml
- Read the Florida Probate Code:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Read the Florida Probate Rules:https://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Here are the Rules Regulating the Florida Bar if you are interested in hiring a Florida probate litigation lawyer and want to know more about our ethical rules and our rules of conduct:http://www.floridabar.org/divexe/rrtfb.nsf/WContents?OpenView
- Here are the Florida Rules of Civil Procedure:http://www.floridabar.org/tfb/TFBLegalRes.nsf/
- Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
- There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos:http://www.pankauskilawfirm.
com/Firm-Overview/FAQS.shtml
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