Fourth DCA Appeals Case: Privilege Logs

Are you serving as personal representative of a West Palm Beach   estate that is in the midst of litigation? Have you been served with a burdensome request for production that asks about privileged material? Do you know how to protect the estate through a privilege log? Has your West Palm Beach attorney discussed with you attorney client privilege and the fact that you may waive that privilege unintentionally in deposition and otherwise? Take a look at this recent case out of the Fourth District Court of Appeal.

Privilege

• The State of Florida as well as every other state recognizes your right to privileged communications with your West Palm Beach attorney.
• Failure to allow candid discussions with one’s attorney can lead to improper legal services, also known as malpractice.
• Also how can you get the best service if you cannot tell us all of the facts?
• Sometimes information that you provided would be requested from the other side, the question then becomes was the communication privileged?
• Do you know how to prove that a communication is privileged?
• You will need something called a privilege log for starters.
• Did you know that you might also waive attorney privilege if you disclose the matters to anyone besides your Palm Beach attorney?
• This can be very serious; it could cost you the case.
• What happens when the requests for this information is overly broad and burdensome?
• Although the courts may grant you relief you will have significant duties, check out this case for more information.

Eyec Trucking v. Santos as Personal Representative for Cardenas

• In this case a writ of certiorari was requested after a burdensome request for production was made.
• Most of the documents requested were actually privileged.
• The court noted the many obligations in this case including the creation of a privilege log. 

Want to learn more?

Check out the entire case here.