Part of Florida probate litigation is that it usually involves family members and their Florida trust lawyers or Florida probate lawyers. Often times these disputes start well before the estate even existed. Sometimes there are communications between you and your probate litigation attorney that the other side is going to want to see. Are these documents privileged from disclosure? Check out this recent case to learn more.
Attorney-Client Privilege
- Estate lawyers in Florida know that their communications with clients are privileged.
- That means that they cannot be disclosed to the Court, absent a waiver from the client.
- What constitutes a waiver?
- Florida probate lawyers know that disclosure of confidential and privileged documents could lead to a waiver of the privilege.
- It is not that simple though.
- The other sides’ Florida probate lawyer is going to argue that the privilege has been waived but there is a process to this.
- The probate judge is going to have to have what is called an in camera review of the evidence to determine if they are privileged and if so has the privilege been waived.
- Has your Florida estate lawyer accidentally disclosed privileged materials?
- Probate attorneys Florida know that it is not very easy to get a hold of privileged documents in a probate lawsuit.
- Want to learn more?
- Check out the entire case, out of the Fourth District Court of Appeal.
Las Olas v. Lorh
- This was an appeal from a heated condominium lawsuit.
- The lawsuit had been threatened for years and finally it came to the Court.
- The other side wanted to see certain documents that were exchanged with a condominium association’s attorney.
- Guess what those are privileged.
- Florida estate attorneys know that there are ways around that.
- But here, the judge forgot a crucial step, the in camera review.
- Do you know the process for getting privileged documents from the other side?
- This is one of the reasons you need an experienced Palm Beach probate attorney on your side.
Want to learn more?
Check out the entire case by clicking here.
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