If you are involved in a Palm Beach probate, or contract lawsuit, then your Palm Beach probate litigation lawyer, or your business litigator West Palm Beach may want to read this June 17, 2015opinion of the 4th District Court of Appeal in Palm Beach. When do you have to produce documents or provide a “privilege log” to assert the attorney client privilege to documents you DON’T want your opponent in a Florida lawsuit to have?
Asserting the Attorney Client Privilege in Estate Litigation Florida
- Florida litigation discovery is the process where you ask your opponent in an estate lawsuit for “stuff” like documents (e.g. “Produce all emails between the personal representative and all the estate beneficiaries related to your mother’s bank account in Boca Raton.”
- Everyone from an estate beneficiary Martin County to a personal representativeIndian River County knows that what “goes” between you and your lawyer is privileged
- Florida probate judges understand that the attorney client privilege applies not only to oral communications such as telephone calls between a probate beneficiary Port St. Lucie and her probate lawyer Stuart, Florida, but also written communications like letters, memos and emails
- Do you know how to assert the attorney client privilege when you are in a partnership lawsuit Palm Beach Gardens or an estate lawsuit Delray Beach?
- Do you know how the attorney client privilege in Florida may be waived?
What is Florida law on claiming the attorney client privilege and privilege logs?
- When you are asked for documents which are privileged, you need to ASSERT that attorney client — or any other—privilege
- Do you know what other privileges you can claim in Palm Beach estate litigation to keep the other side from seeing your documents? (are you familiar with the Florida constitution right to financial privacy so they can’t see the bank records?)
- When do you or your estate lawyer Jupiter, Flroida have to complete a privilege log?
- If the other side objects to the assertion of an attorney client privilege, or a privilege log, do you know the proper procedure under Florida law to have a judge rule on the objections?
- Consider reading this recent Palm Beach appeal involving an Indian River County estate and personal representative
- If you are involved in attorney client privilege matters or discovery in a business dispute Palm Beach or an estate lawsuit Boynton Beach, you may want to read this recent Florida appeals court opinion
- Here is a free link to the case and its opinion: http://www.4dca.org/opinions/June%202015/06-17-15/4D15-892.op.pdf
- This recent Palm Beach estate appeal also cites or references the Gosman decision which is used often in Palm Beach probate courts when attorney client matters come up, when a privilege is raised and a privilege log is created or must be created