If Your Sister is Using Her Probate Attorney to Steal the Inheritance, Attorney Client Privilege May Not Apply, Learn How.

Is your sister in cahoots with a probate attorney to steal the family  inheritance? You may find that they are using attorney client privilege to keep a lot from you in discovery. You may be able to get around that rule but do you know how? You may want to check out this recent case out of the Fourth District Court of Appeals to learn more. 

Attorney-Client Privilege

• Communications between an attorney and client are generally privileged for a variety of reasons.
• Mainly it is good policy to let people know they can confide in their attorneys.
• This allows people to seek legal advice prior to acting, meaning it is more likely people will act in conformity with the law.
• That being said bad attorneys who are breaking the law with their clients can abuse this privilege.
• What happens when the probate attorney for the other side is breaking the law to get your sibling an over sized inheritance?
• Proving your case may seem difficult given the privilege.
• There is an exception though when the privilege is being used for crimes.
• Check out this recent case to better understand the crime exception to attorney client privilege in West Palm Beach.

Brannon v. Palcu

• This was an appeal to get certain information that was considered privileged by the Court at the trial level.
• The petitioner wanted to keep that information private and sealed but the other side said that it was used to perpetuate a fraud and that is a crime.
• In West Palm Beach if an attorney is abusing their rights to attorney client privilege to commit crimes the Courts may be able to waive the privilege.
• That still leaves you proving there was a crime in the first place.
• The appeals court did not answer the question of whether or not the documents should be released it simply ordered an evidentiary hearing.
• Are you entitled to an evidentiary hearing in your West Palm Beach probate lawsuit?

Want to learn more about overcoming attorney client privilege?

Check out the entire case by clicking here.