Florida/Georgia Personal Injury & Workers Compensation

...develop a reasonable subjective belief in the relationship is reflected in the Florida Evidence Code’s definition of a “client” as one “who consults a lawyer with the purpose of obtaining legal services or who is rendered services by a lawyer.” Fla. Evid. Code § 90.502(1)(b) (emphasis added). 64  Florida case law illuminates the contours of the “subjective but reasonable belief” test for the existence of a lawyer-client relationship, and makes c...

...Indeed, the majority nowhere cites to any portion of this record disclosing that Johnson was acting beyond the scope of Traylor's wishes in this case. It would be impossible to do so, because all of Traylor's statements to Johnson were privileged and therefore inadmissible. § 90.502, Fla....

...By engaging in even one prior consultation, however, a conclusive presumption then arises that the attorney is speaking on behalf of the client, since it is not permissible to go behind the veil of the attorney-client privilege to refute such a presumption. § 90.502, Fla....

...his statements to police therefore had no legal effect. I dissent from this view. [53] Even then, I have very grave doubts that the state lawfully can require Traylor to make this Hobson's choice. See U.S. Const. amend. V; art. I, § 9, Fla. Const.; § 90.502, Fla....

...n appointed for the accused. In other words, either the attorney or the client must assert the right against uncounseled interrogation before the protections afforded by Edwards will attach. Here, that right in fact was asserted by counsel. [55] See § 90.502, Fla....

...McWatters in the face of that lack of reasonable expectation of privacy." The trial court added that there was no evidence "that the substance of these calls provided any benefit to the prosecution" or was used to "any detriment to Mr. McWatters." We agree. Section 90.502, Florida Statutes (2006), establishes a statutory privilege for communications between a client and his or her lawyer....

...A defendant may not invoke the attorney-client privilege to preclude trial counsel from testifying about their conversations when those discussions relate to the defendant's claims of ineffective assistance. See Turner v. State, 530 So.2d 45, 46 (Fla.1987); see also § 90.502(4)(c), Fla....

...e documents are protected under the attorney-client privilege and/or the work product doctrine. The Attorney-Client Privilege The attorney-client privilege applies to confidential communications made in the rendition of legal services to the client. § 90.502, Fla. Stat. (1991). Section 90.502(1)(b) defines "client" as "any person, public officer, corporation, association, or other organization or entity, either public or private, who consults a lawyer with the purpose of obtaining legal services or who is rendered legal services by a lawyer." (Emphasis added). Clearly, Florida law applies the attorney-client privilege to corporations such as Southern Bell. § 90.502(1)(b); see also, United States v....

...The district court distinguished Bassett on the basis that it dealt with a different question arising under a constitutional exception to the Sunshine Law. The district court also rejected the argument that the attorney-client privilege provisions of the Florida Evidence Code, section 90.502, Florida Statutes (1981), granted an exception for closed meetings because, in the court's view, section 286.011(1) limited exceptions to the Sunshine Law to those created by the constitution....

...There is a good deal of wisdom in petitioners' argument but, as will be made clear below, we have no constitutional or statutory authority to create an exception to the Sunshine Law for governmental bodies to meet privately with their attorneys to discuss pending litigation. Petitioners next urge that section 90.502, Florida Statutes (Supp....

...1976) created an attorney/client privilege whereby governmental bodies may meet privately with their attorneys. Although we agree that the legislature has the authority to exempt such meetings from the Sunshine Law, we do not agree that it has done so. Section 90.502(1)(c) provides that "[a] communication between lawyer and client is `confidential' if it is not intended to be disclosed to third persons... ." The Law Revision Council Note to section (1), Florida Statutes Annotated 90.502 (1979), comments that "[w]hen the communication is made in public ......

...as constrained to veto the bill. As it pertains to this point, the significance of section 8 of HB 1107 is that it clearly indicates that the legislature, despite petitioners' argument to the contrary, *825 did not intend by its earlier enactment of section 90.502 to create an exception to the Sunshine Law for attorney/client meetings....

...Proceeding on this premise, appellant claims that the issuance of a subpoena duces tecum was equivalent to an issuance to him personally, and thus, once he was compelled, through his attorneys, to produce the letters, section 914.04 was activated and the immunity thus created required the trial court to grant his motions. Section 90.502, Florida Statutes (1983), recognizes the attorney-client privilege....

...rson and that even if it does apply, its invocation in this situation deprives appellants of their sixth amendment right to confront their accusers. The attorney-client privilege has recently been codified as part of Florida's new evidence code. See § 90.502, Fla. Stat. (1979). It codifies the common law doctrine that the privilege attaches only to confidential communications not intended to be disclosed to third persons who are not furthering the rendition of legal services. § 90.502(1)(c), Fla....

...76-237, § 1, at 566, Laws of Fla. (creating section 90.509). [13] See, e.g., § 44.405, Fla. Stat. (2006) (providing a privilege for all mediation parties regarding mediation communication); § 90.5015, Fla. Stat. (2006) (providing for journalist's privilege); § 90.502, Fla....

...ivilege, absent a showing of good cause. However, in City of North Miami v. Miami Herald Publishing Co., 468 So.2d 218 (Fla. 1985), the Supreme Court held that the Public Records Act supersedes the lawyer/client privilege codified in Florida Statute 90.502 (1985)....

...The capital offender who commits his crime in concert with others has a better chance for a life sentence, based on the leniency afforded his accomplices, than does the offender who acts alone." Id. at 1195. Appellant's sentence of death should be affirmed. NOTES [1] This privilege has been codified at section 90.502, Florida Statutes (1983)....

...Specifically, the district court stated: Attorneys are guided by numerous different rules, laws, and cases dealing with the atypical obligations of an attorney in an advocate role. Attorneys and their clients enjoy a confidential relationship, which includes constraints upon information that can be disclosed to others. See § 90.502, Fla....

...Actual malice is still at issue in this case, even though the plaintiff is a private individual, because of the punitive damage claim relating to libel in Count IV. The appellee contends that even if Herbert is applicable, it should not apply here since the communications were protected by the attorney-client privilege. Section 90.502(2), Florida Statutes (1981), states: A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client....

...o future wrongdoing." Zolin, 491 U.S. at 562-63, 109 S.Ct. at 2626 (quoting 8 John H. Wigmore, Evidence § 2298, at 573 (McNaughton rev. ed.1961)). Thus, consistent with the common law, Florida adopted the "crime-fraud" exception to the privilege in section 90.502(4)(a) of the Evidence Code, which provides: (4) There is no lawyer-client privilege under this section when: (a) The services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud. § 90.502(4)(a), Fla....

...object when Dr. Sperry answered questions and spoke at the meetings which took place before and after the autopsy at which Jones's lawyers attended. In view of the judge's findings, which were supported by the record, we hold that no error occurred. Section 90.502, Florida Statutes (1995), pertaining to the lawyer-client privilege, protects confidential communications....

...The all important deposition at which the former single counsel refused to answer any questions relative to his authority to settle because the children invoked the privilege, although the parents waived it, took place after the adoption of Florida's Evidence Code. [2] We have read Section 90.502(4)(c) and (e), Florida Statutes (1979) and are of the opinion that both of these remove the privilege under the facts of this case....

...391, 403, 96 S.Ct. 1569, 1577, 48 L.Ed.2d 39, 51 (1976); In re Murphy, 560 F.2d 326, 337 (8th Cir.1977); Hoyas v. State, 456 So.2d 1225, 1228 (Fla. 3d DCA 1984). The privilege is well established in the common law, Hoyas, 456 So.2d at 1228, and has been codified in section 90.502, Florida Statutes (1985). Section 90.502 provides, in relevant part, 90.502 Lawyer-client privilege....

...the attorney-client privilege. The privilege protects only those confidential communications which are between an attorney and a "client." A person obtains the status of a "client" by consulting an attorney for the purpose of obtaining legal advice. § 90.502(1)(b), Fla....

...NOTES [1] Diaz does not seek review of that portion of the order which found she could not assert the work-product privilege. [2] Rabin's testimony at the hearing was consistent with Diaz's in all material respects. [3] Diaz contends that she was "rendered legal services by a lawyer" within the meaning of section 90.502(1)(b), Florida Statutes (1985), because Rabin advised her of her "status," i.e., that she needed to consult counsel....

...ceiving said legal services. See Fisher, 425 U.S. at 403, 96 S.Ct. at 1577, 48 L.Ed.2d at 51 (attorney-client privilege "protects only those disclosures necessary to obtain informed legal advice which might not have been made absent the privilege"); § 90.502(1)(c)1, (2)....

...while other information may come within it. As stated in Young, Stern & Tannenbaum, P.A. v. Smith, 416 So.2d 4, 5 (Fla. 3d DCA 1982): "Only those communications which actually fall under the attorney/client privilege are protected." (e.s.) See also Section 90.502, Florida Statutes (1981)....

...The facts of the case are set forth in the district court opinion. For our purposes it is enough to say that the district court held that certain written communications pertaining to litigation pending between petitioners and other parties were not privileged under section 90.502, Florida Statutes (1981), and, thus, were subject to disclosure under the Public Records Act, chapter 119, Florida Statutes (1981)....

...is hired are absolutely privileged without the aid of section 119.07(3)( o ), Florida Statutes (Supp. 1984). I reiterate my dissent in Neu v. Miami Herald Publishing Co., 462 So.2d 821 (Fla. 1985). In addition I note that the Florida Evidence Code, section 90.502, Florida Statutes (1983), not only codifies the traditional attorney/client privilege, but expressly designates communications between an attorney and a client as "confidential." According to subsection 90.502(1): (c) A communication between lawyer and client is "confidential" if it is not intended to be disclosed to third persons other than: 1....

...The attorney-client privilege is a common law privilege that protects confidential communications between the lawyer and the client in securing legal advice. 7 See In Re Grand Jury Proceedings (Twist), 689 F.2d at 1352 (citations omitted). The privilege belongs to the client and only she can waive it. Fla.Stat.Ann. § 90.502(3)....

...7, 1991 6 Under Bonner v. City of Pritchard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this court is bound by cases decided by the former Fifth Circuit before October 1, 1981 7 In Florida, the privilege is codified in statute. See Fla.Stat.Ann. § 90.502 (West 1992) 8 The intervenors argue that allowing their attorneys to testify would force them to choose between two constitutional rights: their Fifth Amendment right against self-incrimination and their Sixth Amendment right to counsel....

...e. See Reed v. State, 640 So.2d 1094, 1097 (Fla. 1994) ("Thus, it is clear that conversations between the defendant and his or her trial lawyer relevant to ineffective assistance of counsel are not protected by the attorney-client *625 privilege."); § 90.502(4)(c), Fla....

...He attempted to invoke the attorney-client privilege to preclude the lawyer from testifying of the conversations between them concerning these subjects. The court held that by virtue of his claims the defendant had waived the attorney-client privilege. See § 90.502(4)(c), Fla....

...ome specific exception or rule of exclusion. This rule we hold applies to relevant similar fact evidence ... even though it points to the commission of another crime." [2] Examples of relevant but inadmissible evidence are: Privileged relationships, § 90.502-506, Fla....

...p at the May 1994 seminar were within the context of an attorney/client meeting and were therefore absolutely *458 privileged. Thus the court concluded that even if made, the alleged defamatory statement was absolutely privileged and not actionable. Section 90.502(2) provides that a client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client. A "client" includes a corporation which consults a lawyer for the purpose of obtaining legal services or who is rendered legal services by a lawyer. § 90.502(1)(b)....

...The communication between a lawyer and client is deemed "confidential" if it is not intended to be disclosed to third persons other than those to whom disclosure is in furtherance of the rendition of legal services to the client and those reasonably necessary for the transmission of the communication. § 90.502(1)(c)....

...cer of the state. This clearly infringed upon the privacy of attorney-client communications and could have resulted in a violation of the attorney-client privilege. While the Florida Evidence Code creates a broad statutory attorney-client privilege, § 90.502, Fla....

...s now become codified by statute, [3] as well as disciplinary rules governing the conduct of lawyers. [4] Although FEC section 90.102 provides generally that the Florida Evidence Code supersedes the common law, it is also generally accepted that FEC section 90.502 represents a codification of pre-code law on the privilege. See Charles W. Ehrhardt, Florida Evidence, § 502.1 (1992 Ed.). Under FEC section 90.502(1)(b), a "client" is defined as any person "who consults a lawyer with the purpose of obtaining legal services or who is rendered legal services by a lawyer." We construe this language as continuing the common law focus on subjective c...

...It is indisputable that the specific matter concerned a crime that had already been committed, not a planned or future act which might be a crime. And it is indisputable that the client insisted on confidence. The focus, as we have seen from the common law development of the privilege and our own FEC section 90.502 definition of "client", is on the perspective of the person seeking out the lawyer, not on what the lawyer does after the consultation....

...ably be taken as evidencing the contact's strong interest in confidentiality. [2] We agree with husband and the trial court that the wife has no standing to assert the privilege, so her presence in these proceedings can safely be discounted. [3] See Section 90.502, Florida Statutes (1991), which provides in relevant part: (2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client. All references to the Florida Evidence Code, sections 90.101-90.958, Florida Statutes (1991), are thus: "FEC section 90.502." [4] See Rule Regulating The Florida Bar 4-1.6, which provides: (a) A lawyer shall not reveal such information relating to representation of a client except as stated in paragraphs (b), (c), and (d) unless the client consents after disclosure to the client....

commit what the client knew was a crime or fraud. § 90.502, Fla. Stat. (1987). The "crime-fraud exception

...it this issue. [2] Because the extent of the attorney-client privilege is a matter of state law, we are not bound to follow the Supreme Court's holding in this regard. However, we are confident that Florida's attorney-client privilege as embodied in Section 90.502, Florida Statutes (1979), is broad enough to include the proposition which appears to be universally accepted that documents which are privileged in the hands of the client and which are given by the client to the attorney in the course of seeking legal advice remain privileged in the hands of the attorney....

...overage. [4] As amicus points out, under the Evidence Code there is no lawyer-client privilege when "[t]he services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud." § 90.502(4)(a), Fla....

...etrieval of all disseminated copies, the removal of the documents as deposition exhibits, and that the court prohibit the further use or dissemination of the documents. Petitioners and Balfour Beatty asserted that the documents were privileged under section 90.502, Florida Statutes (1995), as they contain communications between the lawyers and their clients regarding the subject litigation....

...Respondents argued that the documents were not privileged and that disclosure was not inadvertent. The order denying the motions made no specific findings. The issue in this case is whether the inadvertent disclosure of attorney-client privileged documents [2] constituted a waiver of that privilege. [3] Section 90.502(1)(c), Florida Statutes (1995), provides that an attorneyclient communication is confidential if it is not intended to be disclosed to third parties....

...em among the exemptions to the Act's disclosure provisions. 372 So.2d at 424. This holding disposes of the work-product argument, but the claim of attorney-client privilege is not so easily dismissed. It has been suggested elsewhere that by enacting Section 90.502, Florida Statutes (1979), codifying the doctrine of attorney-client privilege, the legislature may have effectively amended the Public Records Act as contemplated by the Wait opinion....

...81-742 took place prior to the July 1, 1979 effective date of the Florida Evidence Code, Section 90.101-.958, Florida Statutes (1979), while the bus accident in Case No. 81-1858 occurred after that date. Thus, were we constrained to discuss the applicability of Section 90.502 to the Public Records Act, such a discussion would only be relevant to Case No....

...Attorney-Client Privilege Florida law governs application of the attorney-client privilege in a federal diversity action. Bradt v. Smith, 634 F.2d 796, 800 (5th Cir.1981). 6 In Florida, eommu- *697 ideations between a lawyer and a client are “confidential” and, barring exception, not subject to disclosure. Fla. Stat. § 90.502 ....

...We find that the relationship between a prospective insured and an insurance agent is substantially different from an attorney-client relationship. Attorneys and clients have a confidential relationship, which includes constraints upon information that can be disclosed to others. See § 90.502, Fla....

...Such common interests bar, among other things, the attorney-client privilege from attaching to communications among the attorney, the insurer, and the insured. Allstate v. Am. S. Home Ins. Co., 680 So.2d at 1116; Doe v. Allstate, 653 So.2d at 373-74. Section 90.502, Florida Statutes, which protects attorney client communications, includes several exceptions to the attorney-client privilege. Specific to the instant case, section 90.502(4), provides: (4) There is no lawyer-client privilege under this section when: * * * (c) A communication is relevant to an issue of breach of duty by the lawyer to his client ..., arising from the lawyer-client relationship....

...*909 * * * (e) A communication is relevant to a matter of common interest between two or more clients, ... if the communication was made by any of them to a lawyer retained or consulted in common when offered in a civil action between the clients.... § 90.502(4)(c) & (e), Fla....

...which this came about, the document's confidentiality and privilege had been destroyed. This strict view of the privilege was rejected by the Florida legislature when it enacted its statutes governing privilege. Critical language of Florida Statutes § 90.502(1)(c) is identical to that of Rule 503(a)(4) of the Proposed Federal Rules of Evidence....

...g the subject lease agreement. Following an in camera inspection of the documents in question, the trial court ordered disclosure. Confidential communications between lawyers and clients are privileged from compelled disclosure to third persons. See section 90.502(2), Florida Statutes (1993)....

...Par Four, the party seeking discovery, did not meet its burden of showing that the documents were not privileged. Par Four argued that the lawyer-client privilege did not apply because the legal services of in-house counsel were obtained to enable Shell employees to commit or plan to commit a fraud. See section 90.502(4)(a), Florida Statutes (1993)....

...Similar to rule 4-1.6(c)(2), the evidence code permits the disclosure of otherwise protected attorney-client information when "[a] communication is relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer, arising from the lawyer-client relationship." § 90.502(4)(c), Fla. Stat. (2003). Alexander's whistleblower claim was a "controversy between the lawyer and client" within the meaning of rule 4-1.6(c)(2) and an "issue of breach of duty ... by the client to the lawyer" under section 90.502(4)(c)....

...been turned over. Cf. Eastern Air Lines, Inc. v. United States Aviation Underwriters, 716 So.2d 340 (Fla. 3d DCA 1998) (holding that the cooperation clause in an insurance contract does not *1328 eviscerate the attorney-client privilege codified in Section 90.502, Florida Statutes)....

...ifferent rules, laws, and cases dealing with the atypical obligations of an attorney in an advocate role. Attorneys and their clients enjoy a confidential relationship, which includes constraints upon information that can be disclosed to others. See § 90.502, Fla....

...Contrary to Genovese's suggestion, our holding in Ruiz does not apply to attorney-client privileged communications in first-party bad faith actions. The attorney-client privilege and work product doctrine are two distinct concepts. The attorney-client privilege is provided for in section 90.502, Florida Statutes (2010), which states that "[a] client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client." § 90.502(2), Fla....

...This significant goal of the privilege would be severely hampered if an insurer were aware that its communications with its attorney, which were not intended to be disclosed, could be revealed upon request by the insured. Moreover, we note that there is no exception provided under section 90.502 that allows the discovery of attorney-client privileged communications where the requesting party has demonstrated need and undue hardship....

...96 to the extent they were procedural, except chapter 98-2, section 1, Laws of Florida). The committee recommends that the Court adopt chapters 2000-316, sections 1 and 2; and 2001-132, section 1, Laws of Florida. Chapter 2000-316, section 1, amends section 90.502, Florida Statutes (Lawyer-client privilege), Florida Statutes, to provide that a discussion or activity that is not a meeting for purposes of section 286.011, Florida Statutes, shall not be construed to waive the attorney-client privilege established under section 90.502, and to further provide that the new provision shall not be construed to constitute an exemption to either section 119.07 or section 286.011, Florida Statutes....

...the trustee retained Cooper for legal advice in September, 1988. It therefore appears that the trustee retained Cooper for its own benefit as the trial court found in the previous order which was the subject of the first certiorari proceeding. Fraud Section 90.502, Florida Statutes (1995), provides that there is no attorney-client privilege when the services of the lawyer are sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud....

...asserting Turner's attorney-client privilege. The attorney-client privilege is not absolute and "may be outweighed by public interest in the administration of justice in certain circumstances." Sepler v. State, 191 So.2d 588, 590 (Fla. 3d DCA 1966). Section 90.502, Florida Statutes (1985), Lawyer-Client Privilege, provides in part: (4) There is no lawyer-client privilege under this section when: ......

...ion. Finding Turner's remaining arguments meritless, we affirm his convictions and sentences. It is so ordered. EHRLICH, C.J., OVERTON, GRIMES and KOGAN, JJ., concur. McDONALD and BARKETT, JJ., concur as to guilt but dissent as to penalty. NOTES [*] § 90.502(3)(e), Fla....

...It is contended that where appellant's former attorney was compelled to testify as a state witness to rebut and impeach appellant's trial testimony, appellant was denied a fair trial, as guaranteed under the fifth and fourteenth amendments to the United States Constitution and section 90.502, Florida Statutes (1981), governing the attorney-client privilege....

...The privilege is well-established in the case law of this state, Seaboard Air Line R. Co. v. Timmons, 61 So.2d 426, 428 (Fla. 1952); Keir v. State, 152 Fla. 389, 11 So.2d 886 (1943); Lee v. Patten, 34 Fla. 149, 15 So. 775 (1894); Dionise v. Keyes Co., 319 So.2d 614 (Fla. 3d DCA 1975), and has been codified in section 90.502, Florida Statutes (1981)....

...We assume, for the sake of argument, that the initial communication in question does not fall within the exception to confidentiality for a communication which is intended [when made] by the client to be disclosed to third persons other than those necessary to render legal services or to transmit such communication. §§ 90.502(1)(c), 90.507, Fla....

...cannot give rise to a duty to warn. See Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981) (holding that attorney-client privilege extends to communications between corporate counsel and corporate employees); Fla. Stat. § 90.502 (1987)....

...ions between Mr. Ivey and GM counsel. The attorney-client privilege does not apply where "[t]he services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud." Fla. Stat. § 90.502(4)(a)(1987)....

...ivilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client. § 90.502(2), Fla....

...Respondents Schwartz, Gold argue that any attorney-client privilege which attached to the requested documents in the instant case was waived when they asserted the negligence of successor counsel, Ruden, McClosky, in the Blue Reef lawsuit as a defense. Respondents rely on section 90.502(4)(c) which provides: (4) There is no lawyer-client privilege under this section when: ....

...oner told them were allegedly different than what they had told the other firms. The trial court ordered production as requested. The First District, in quashing that order, held that the documents were protected by the attorney-client privilege and section 90.502(4)(c) of the Florida Evidence Code, specifically. The court, in Shafnaker, wrote: This exception to attorney-client privilege [section 90.502(4)(c)] ......

...Seitlin, 497 So.2d 969 (Fla. 3d DCA 1986). See also Reed v. State, 640 So.2d 1094 (Fla.1994)(holding privilege was waived only as to matters specifically at issue in court action).... [W]e cannot accept respondents' and the trial court's broad interpretation of section 90.502(4)(c), allowing discovery by an attorney of a former client's files with other attorneys....

...We reject the rule announced by the Illinois *343 Supreme Court in Waste Management. [3] "The extent of the attorney-client privilege is a matter of state law." Briggs v. Salcines, 392 So.2d 263, 266 n. 2 (Fla. 2d DCA 1980). In Florida, the attorney-client privilege is codified in section 90.502, Florida Statutes (1997). Section 90.502(1)(c) provides: A communication between lawyer and client is "confidential" if it is not intended to be disclosed to third persons other than: 1. Those to whom disclosure is in furtherance of the rendition of legal services to the client. 2. Those reasonably necessary for the transmission of the communication. The statute then provides, in section 90.502(4)(a)-(e), five circumstances when there is no attorney-client privilege even as to communications that would otherwise be deemed confidential....

...577 , 107 L.Ed.2d 571 (1990) (internal quotations and citations omitted). 134 As stated in this Court’s previous Order, Federal Rule of Evidence 501 directs that this Court look to Florida law as to the attorney-client privilege. Florida Statutes section 90.502 provides, in relevant part: 135 (l)(b) A “client” is any person, ......

...(2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client. Fla. Stat. § 90.502 (1), (2)....

...139 In the event of such waiver, the communications are no longer protected by the privilege. An attorney is entitled to assert the privilege on her client’s behalf, and — absent contrary evidence — is presumed to have the authority to do so, Fla. Stat. § 90.502 (3)(e), but after the client waives the privilege it is no longer available for assertion by the attorney....

...The content of the communications must relate to the obtaining or providing of legal advice and the communications must have been made in confidence A review of Plaintiffs’ privilege log reveals that many of the withheld materials do not meet the test of Fla. Stat. § 90.502 , or the Deason factors....

...a communication is relevant to a matter of common interest between two or more clients, or their successors in interest, if the communication was made by any of them to a lawyer retained or consulted in common when offered in a civil action between the clients or their successors in interest. Fla. Stat. § 90.502 (4)(e) (emphasis added)....

...188 In comparison, the common legal interest doctrine considers parties with separate counsel to nevertheless be aligned for the purposes of a privilege analysis when those parties have legal interests which are allied, as long as the parties’ communications were with a lawyer “consulted in common.” Fla. Stat. § 90.502 (4)(e)....

...ty to advance defense expenses” type of *599 policy, and points to the Florida statute’s absence of any requirement that counsel be controlled by one party or the other, as long as the parties “consulted [the attorney] in common.” Fla. Stat. § 90.502 ....

...253 Also, the Florida statute defining attorney-client privilege includes several examples of issue-based waivers of the privilege, e.g., when a client sought an attorney’s service in furtherance of a crime or fraud, when a communication is relevant to claims of attorney malpractice, etc. Fla. Stat. § 90.502 (4)(a),(c)....

...ere limited or generalized references to privileged communication. Allstate Ins. Co. v. Levesque, 263 F.R.D. 663, 667 (M.D.Fla.2010). . For example, a party need only establish a prima facie case that the privilege was waived, pursuant to Fla. Stat. § 90.502 (4)(a), by the client’s intent to obtain aid from the attorney in committing a crime or fraud....

...[as to] a matter of common interest between two or more clients ... or their successors in interest, if the communication was made by any of them to a lawyer retained or consulted in common when offered in a civil action between the clients.” Fla. Stat. § 90.502 (4)(e) (emphasis added)....

...use to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client.” Fla. Stat. § 90.502 (2)....

...Under Point I, we must agree with the trial court that there was no violation of the attorney-client privilege in allowing appellant's former attorney, Ted Curtis, to testify at trial as to his communication to appellant of the trial dates. Relevant to this issue is the definition of a confidential communication in section 90.502, Florida Statutes. According to section 90.502(1)(c) "[a] communication between lawyer and client is `confidential' if it is not intended to be disclosed to third persons......

...Thereafter, it entered an order finding that no work product or attorney client privilege was implicated and that the documents were relevant to Allstate's handling of the underlying claim. Generally, an insurer's claim and litigation files constitute work product and are protected from production. See § 90.502, Fla.Stat., Fla.R.Civ.P....

...Much has been made in this case about the Rules of Professional Conduct and what may or may not be disclosed under the ethical standards covered by those rules, but we believe the question of admissibility of evidence is covered by the Florida Evidence Code, section 90.502, Florida Statutes (1988)....

...ce code. The ethical rules do not modify the evidence code. The Florida Evidence Code states that there is no lawyer-client privilege when the services of the lawyer are sought or obtained to enable or aid anyone to commit or plan to commit a crime. Section 90.502(4)(a), Florida Statutes (1988)....

...poration claims attorney-client privilege, as Florida mandate a heightened burden of proof to establish those claims. Compare United States v. Noriega, 917 F.2d 1543, 1550 (11th Cir.1990) (elements of federal common law of privilege) with Fla. Stat. § 90.502 (the codification of the Florida attorney-client privilege) and Southern Bell Telephone Co....

...tion for a protective order insofar as respondent's discovery request encompasses medical review committee records. Petitioner also contends that respondent's discovery request includes "work product" embraced within the attorney-client privilege of § 90.502, Florida Statutes, and thereby exempted from inspection under the Public Records Act....

...Florida Power & Light Co., 372 So.2d 420 (Fla. 1979), and ruled that work product is not an exception to inspection under Chapter 119. Wait established that exemption from Chapter 119 inspection is dependent upon statutory privilege, rather than common law or judicially created doctrines. Section 90.502, Florida Statutes, enacted subsequent to the decision in Wait, provides an attorney-client privilege as to "confidential communications" between lawyer and client....

...privilege. See generally, Atlantic Coastline Railroad Co. v. Allen, 40 So.2d 115 (Fla. 1949); also see Surf Drugs Inc. v. Vermentte, 236 So.2d 108 (Fla. 1970); Shell v. State Road Department, 135 So.2d 857 (Fla. 1962). We therefore conclude that the § 90.502 attorney-client privilege for confidential communications does not encompass work product, cf., Tober v....

...nistration of justice in certain circumstances.'" Turner v. State, 530 So.2d 45, 46 (Fla.1987) (citation omitted). But in Turner the disclosure of the privileged communications was authorized by a specific provision of the Evidence Code. Id. (citing § 90.502, Fla....

...Columbia, and the federal courts. 518 U.S. at 13-15, 116 S.Ct. 1923. [8] If Pinder is correct, then logically it applies not just to the psychotherapist-patient privilege but to other privileges as well, including the attorney-client privilege. See § 90.502(4), Fla....

...If that were so, CSG asserted, then the Volpes could not show that CSG's negligence in failing to advise them on the insurance coverage question was the proximate cause of their loss. CSG also claimed that the communications would not be privileged under section 90.502(4)(c), Florida Statutes (1997). The trial court entered an order compelling discovery from the attorneys. Although section 90.502(4)(c) provides that there is no attorney-client privilege where "[a] communication is relevant to an issue of breach of duty by the lawyer to the client or by the client to the lawyer, arising from *539 the lawyer-client relationship "...

...leged communications. Following its in camera examination of the records the trial court held that certain written communications pertinent to litigation presently pending in separate suits between North Miami and other parties were privileged under section 90.502, Florida Statutes (1981), the lawyer-client privilege section of the Evidence Code and, therefore, exempt from disclosure pursuant to the Public Records Act....

...r the Public Records Act are exempt. Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla. 1979); see § 119.07(3)(a), Fla. Stat. (1981). It is true that the Evidence Code makes "confidential" certain communications between a lawyer and client, see § 90.502(1)(c), Fla. Stat. (1981), and gives to a client the privilege of refusing to disclose or allowing any other person to disclose these communications, see § 90.502(2), Fla....

...1979) (defining "evidence rules" as "[r]ules which govern the admissibility of evidence at hearings and trials"). Although public entities are included in the definition of the term "client" in the lawyer-client privilege section of the Evidence Code, see § 90.502(1)(b), Fla....

...Dean, 607 So.2d 494 (Fla. 4th DCA 1992), rev. dismissed, 618 So.2d 208 (Fla.1993) (existence of attorney-client privilege does not depend on whether client actually hires attorney; it is enough if client consults attorney with a view to employing attorney professionally). Section 90.502(1), Florida Statutes, provides that: A communication between lawyer and client is "confidential" if it is not intended to be disclosed to third persons other than: 1. Those to whom disclosure is in furtherance of the rendition of legal services to the client. 2. Those reasonably necessary for the transmission of the communication. § 90.502(1)(c), Fla....

...NOTES [1] The first time such explanation was offered was in an August 1994 letter by respondent in response to the Bar's inquiry into this matter, approximately two and a half months after respondent was notified that the federal court was forwarding this matter to The Florida Bar. [2] Similarly, under section 90.502, Florida Statutes (1997): "(4) There is no lawyer-client privilege under this section when: (a) The services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud." However, section 90.502 is a rule of evidence, whereas rule 4-1.6 relates to the ethical conduct of attorneys. Even if respondent believed that no attorney-client privilege existed under 90.502, his actions nevertheless were guided by rule 4-1.6, which forbids attorneys to disclose client confidences unless disclosure is necessary to prevent a crime from occurring....

...The motion stated: "Robin Doyle is clearly an important witness in this case. Any conversations between himself and Ms. Jarvi are therefore not protected by the attorney-client privilege." The trial court granted the motion. We now quash that order. Section 90.502, Florida Statutes (2001), states that "[a] communication between lawyer and client is `confidential' if it is not intended to be disclosed to third persons other than: (1) Those to whom disclosure is in furtherance of the rendition of legal services to the client. (2) Those reasonably necessary for the transmission of the communication." Section 90.502(4) states five exceptions to the privilege....

...The Court's ruling in Ruiz does not pertain to documents relating to the bad faith litigation in any way. Aircraft Holdings provides no other authority for compelling attorney-client privileged documents relating to the bad faith claim. Therefore, those documents are protected from disclosure by the privilege as provided in section 90.502, Florida Statutes (2005)....

...s order compelling production of attorney-client privileged documents in this case departed from the essential requirements of law. Statutory Construction Even if this court were not required to follow Kujawa or Lanier, the plain meaning of sections 90.502 and 624.155 indicates that the attorney-client privilege has not been eliminated in first-party bad faith actions....

...issue as part of the bad faith claim provided in section 624.155, then there is no attorney-client privilege when the bad faith action is filed. Because Aircraft Holdings argues that section 624.155 substantively eliminates the privilege provided by section 90.502 in this instance, the applicability of section 90.502 is substantive rather than *585 procedural. [3] Accordingly, we are analyzing the two statutory sections, 624.155 and 90.502, under statutory construction principles, rather than applying a procedural rule of privilege to section 624.155. See City of North Miami v. Miami Herald Publ'g Co., 468 So.2d 218 (Fla.1985) (comparing chapter 119 and section 90.502 regarding disclosure of attorney-client privileged documents)....

...Nor is there any mention within section 624.155 that bad faith includes how the insurance company reacted to advice of counsel, with respect to the claim or in a breach of contract action, in a first-party action. Accordingly, the express provisions of section 90.502 apply and the attorney-client privilege is not eliminated by a plain reading of the statutes....

...ral terms." McKendry v. State, 641 So.2d 45, 46 (Fla.1994). Id. at 575. As in Stoletz, the language of the general statute dealing with bad faith, section 624.155, and the language of the more specific statute dealing with attorney-client privilege, section 90.502, is plain and unambiguous. There is an attorney-client privilege specifically provided within section 90.502 and the bad faith statute has no language to eliminate the privilege. [5] Moreover, section 90.502(3) describes who may claim the privilege: (a) The client....

...[6] If the privilege were eliminated upon filing of the bad faith action as argued by Aircraft Holdings, then Aircraft Holdings would essentially own the privilege and decide when it could be waived. We reject Aircraft Holdings' argument because it contradicts a plain reading of the Florida Evidence Code. Section 90.502 also describes circumstances when there is no attorney-client privilege recognized although the communications would otherwise fall within the scope of the privilege. See § 90.502(4), Fla....

...h action is filed. Id.; see Eastern Air Lines, Inc. v. U.S. Aviation Underwriters, Inc., 716 So.2d 340, 343 (Fla. 3d DCA 1998) (ruling that the attorney-client privilege was not eliminated and recognizing that "[n]one of those five circumstances [in section 90.502(4)] is present in this case")....

...See Young v. Progressive S.E. Ins. Co., 753 So.2d 80, 85 (Fla.2000) (applying expressio unius est exclusio alterius, the mention of one thing implies the exclusion of another, to a list of statutory exclusions). Therefore, the trial court erred by not giving section 90.502, the attorney-client privilege, full effect....

...See Charles W. Ehrhardt, Florida Evidence, § 502.2 at 327-28 & n. 9 (2005 ed.) (stating that the attorney-client privilege recognizes confidential communications made during the rendition of legal services to the client, not as a business advisor). [3] When section 90.502 was enacted and revised, the Florida Supreme Court adopted it as a rule to the extent that the privilege is procedural....

...Ford has also asserted the attorney-client privilege, which protects confidential communications between a lawyer and client, as well as third persons to whom disclosure is in furtherance of the rendition of legal services and those reasonably necessary for the transmission of the communication. See § 90.502, Fla....

...The privilege has been codified by the legislature: A client has a privilege to refuse to disclose, and prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client. § 90.502(2), Fla....

...ader public interest in the proper administration of justice. See Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981). The Florida Legislature has codified the common law attorney-client privilege through the enactment of section 90.502, Florida Statutes (1997): (2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications when such other person learned of the communications because they were made in the rendition of legal services to the client....

...the Dreggors had sought the services of Ms. Keating to procure a fraud in the workers' compensation case, no attorney-client privilege existed. The crime/fraud exception to the attorney-client privilege is discussed by Professor Ehrhardt: *446 Under section 90.502(4)(a), when a client retains a lawyer to aid in the commission of a crime or in the planning of future criminal activity, the privilege does not exist....

...We agree with the City that the law imposes a heavy burden on a party seeking to obtain work product, see Intercontinental Props., Inc. v. Samy, 685 So.2d 1035 (Fla. 3d DCA 1997), and requires strict adherence to maintaining the confidential nature of attorney-client communications. See § 90.502, Fla....

...rtiorari is appropriate here just as if the entire lawsuit had been conducted in Florida courts. The principal objection posed by Freedom to disclosure of the materials in CFC's possession is that they are protected by the attorney-client privilege, section 90.502 Florida Statutes (1985)....

...gard for the interests of the insured. Turning to the discovery order at issue in the instant case, it has generally been held that claims and litigation files constitute work product and are protected from production to opposing parties pursuant to section 90.502, Florida Statutes, and Rule 1.280(b)(3), Florida Rules of Civil Procedure....

...While such information indeed may be relevant, see, e.g., Ortega v. Motors Insurance Corp., 552 So.2d 1127 (Fla. 3d DCA 1989); National Surety Corp. v. Bimonte, 143 So.2d 709 (Fla. 3d DCA 1962), this relevance does not constitute an exception to the privilege conferred by section 90.502, Florida Statutes (1987)....

...In its response to the petition for certiorari, Continental notes the recognized exception to the statutory privilege when "[t]he services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud." § 90.502(4)(a), Fla....

...The primary issue presented is whether the attorney-client privilege prevents disclosure of the identity of the fee-paying client under these circumstances. We hold the protective order should have been granted: (I) under the definition of "confidential communication" and "lawyer-client privilege" provided in Section 90.502, Florida Statutes; (II) because the "last-link" exception applies; and (III) because the State has failed to show compelling need by the exhaustion of other available sources not infringing on the confidential relationship. I. Florida's Evidence Code, Section 90.502., Florida Statutes (1985), which governs the attorney-client privilege, provides: 90.502 Lawyer-client privilege....

...of fee within the definition of "communication." There are five statutory exceptions to the attorney-client privilege, none of which is applicable here. The matter is not without difficulty, however, since we have found no Florida cases interpreting Section 90.502 in the factual context of this case....

...Gellert, 431 So.2d 329 (Fla. 3d DCA 1983); and In re State Attorney's Office Investigative Subpoena dated November 2, 1983, 444 So.2d 592 (Fla. 2d DCA 1984). The later two cases, although decided after the adoption of the Evidence Code in Florida, do not mention, Section 90.502(2)....

...testified at the hearing on petitioner's motion for protective order that if in fact Davis had his legal fees paid by someone connected with the homicide, the information would be important for purposes of impeachment or showing bias or motive. [3] Section 90.502, Florida Statutes, is modeled after proposed Rule 503, Federal Rules of Evidence, which was forwarded by the United States Supreme Court to Congress but not adopted....

...Similarly, the documents covered by items (3) and (4) of the trial court's order are, by definition, not protected by the attorney-client privilege. The attorney-client privilege protects only confidential communications between a lawyer and client. § 90.502(2), Fla. Stat. (2000). A communication is "confidential" if it is not intended to be disclosed to third persons. § 90.502(1)(c), Fla....

...In that case, Seminole County was withholding four "closed litigation files." The case predates enactment in 1994 of the exemption contained in subsection 768.28(16)(b) and Seminole County asserted two grounds for non-disclosure: the attorney-client privilege contained in section 90.502, Florida Statutes (1985), and subsection 119.07(3)( o ), Florida Statutes (1985), the Public Records Act....

...he matter of coverage. We will not attempt to draw such fine distinctions in this case, as apparently the trial court also refused to do. Instead, we find applicable the exceptions to the attorney-client privilege found in the Florida Evidence Code, section 90.502(4)(c) and (e), viz.: (4) There is no lawyer-client privilege under this section when: * * * * * * (c) A communication is relevant to an issue of breach of duty by the lawyer to his client ..., arising from the lawyer-client relationship....

...To this end they rely on this exception to the attorney-client privilege: "There is no lawyer-client privilege under this section when ... [t]he services of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud." § 90.502(4), Fla....

...it. The wife also argued that the e-mail's contents demonstrated that its purpose was to enable the husband to commit a crime or fraud upon her in the dissolution, thus falling under the "crime/fraud exception" to the attorney-client privilege. See § 90.502(4)(a), Fla....

...ry process, while initially appearing efficient, denied former wife due process). The wife's evidence may have been relevant to her argument that the husband failed to treat the e-mail as confidential *699 and waived any privilege claim over it. See § 90.502(1)(c), Fla....

...Duff testified as to Petitioner's clothing and mood the day of and the day before the shooting incident. In addition, Ms. Duff recounted a comment Petitioner made approximately one hour before the shooting: "I can't wait. I have got it beat. I can't wait until those two policeman walk in. I'll show them." (R. 920-23.) Section 90.502 of the Florida Statutes defines the contours of the attorney client privilege. Essentially, a client has the privilege to prevent disclosure of confidential communications disclosed during the rendition of legal services. § 90.502(2), Fla....

...Frantz, Travelers, Allstate, supra . Only those communications which actually fall under the attorney/client privilege are protected. Seeba v. Bowden, 86 So.2d 432, 434 (Fla. 1956); Gold Coast Raceway, Inc. v. Ehrenfeld, 392 So.2d 1002 (Fla. 4th DCA 1981); Section 90.502(4)(d), Florida Statutes (1979)....

*507 applies when the client is a corporation. Section 90.502(1)(b), Florida Statutes (1987). In Florida

The attorney-client privilege is codified in section 90.502(2), Florida Statutes (2000), which states:

has been codified in our Evidentiary Code. Section 90.502(1), Florida Statutes, provides: (c) A communication

lawyer-client privilege contains this exception in section 90.502(4)(e), Florida Statutes (1995): 90.502 Lawyer-client

is authorized by Savino, 92 So.2d at 817, or section 90.502(4)(a), Florida Statutes (1991), which says

whether by enacting the Florida Evidence Code, Section 90.502, Florida Statutes (1981) (effective date July

attorney-client privilege is specifically recognized by § 90.502, Fla. Stat. (1979) as a basis for advising one

from the essential requirements of the law. Section 90.502, Florida Statutes, which is entitled “Lawyer-client

their clients are protected by privilege. See § 90.502, Fla. Stat.; see also McWatters v. State, 36 So

information that can be disclosed to others. See § 90.502, Fla. Stat. (1993); R. Regulating Fla. Bar 4-1

necessary for the transmission of the communication. § 90.502(1)(c), Fla. Stat. (2008). The privilege belongs

exceptions to the privilege is applicable. See § 90.502(4), Fla. Stat. (1995). When a privilege is facially

and the trial court's broad interpretation of section 90.502(4)(c), allowing discovery by an attorney of

such as the crime fraud exception, applies. See § 90.502(4)(a)-(e), Fla. Stat. (1997); E. Air Lines, Inc

Ehrhardt, Florida Evidence, 2d Ed., § 507.1. See also § 90.502(3)(e), Fla. Stat. (1983). The issue in Miller

trustee holds the lawyer-client privilege. See § 90.502(2), (3)(a), Fla. Stat. (2001); Whitener, 715 So

and the lawyer-client privilege set forth in section 90.502, Florida Statutes, can be waived. See, e.g

This petition for writ of certiorari followed. Section 90.502, Florida Statutes (2009), sets forth the attorney-client

malpractice in the conduct of that transaction, see § 90.502(4)(c), Fla. Stat. (1985), and by voluntarily disclosing

by counsel for the adverse party. See generally § 90.502(2), Fla. Stat. (1989) and law revision council

might deny coverage or reserve its rights[.]" Section 90.502, Florida Statutes (2006), provides that communications

order entered September 17, 1982, ruled that Section 90.502, Florida Statutes (1981) (effective July 1

did not apply to questions about the writ. See § 90.502(4)(a), Fla. Stat. (2007). It ordered Duke to respond

an attorney has an informational advantage. Section 90.502(2), Florida Statutes, provides that a client

Jardine, 366 So.2d 124 (Fla. 2d DCA 1979). See also § 90.502, Fla. Stat. (1979). The trial court's order apparently

to be disclosed to third persons.” Fla. Stat. § 90.502(1)(c); accord Cunningham v. Appel, 831 So.2d 214

We find no abuse of discretion in this case. Section 90.502, Florida Statutes, codifies the attorney-client

statute and contained in the Evidence Code, section 90.502, Florida Statutes (2007). The purpose of the

Inc., 698 So.2d 276, 278 (Fla. 3d DCA 1997) ("Section 90.502(1)(c), Florida Statutes (1995), provides that

privileged attorney-client communications. Section 90.502(l)(e), Florida Statutes (2012), provides generally

question are exempt from disclosure pursuant to section 90.502, Florida Statutes. In City of North Miami v

agreement, and the process of the negotiations. See § 90.502(1)(c), Fla. Stat. (2002); Jenney v. Airdata Wiman

transmission of the communication. Fla. Stat. § 90.502(l)(c). Florida law defines a “lawyer” as one who

"confidential communication" within the purview of section 90.502, Florida Statutes. See, Watkins v. State, 516

lawyer-client privilege." The privilege is codified at section 90.502(2), Florida Statutes (1993), which provides

The Basis for the Lawyer-Client Privilege Section 90.502(2), Florida Statutes (2005), provides that

governed by the Florida Evidence Code, codified at section 90.502, Florida Statutes (2013). The right as it pertains

controversy with the other." Id. at 1103; see § 90.502(4)(e), Fla. Stat. (2000). Additionally, we note

defender asserted the attorney-client privilege. See § 90.502(1)(c), Fla. Stat. (1983); Fla.Bar Code Prof.Resp

in Section 90.502 of the Florida Evidence Code, titled "Lawyer-client privilege." Section 90.502(1)(b)

waive all privileges as to others. See generally § 90.502, Fla. Stat. (1989); Southern Bell Tel. & Tel.

Florida Bar, or in the Florida Evidence Code. § 90.502, Fla. Stat. (1999). The order below thus is a

her lifetime, by the attorney-client privilege. § 90.502(2), Fla. Stat. Communications with an attorney

law in diversity actions. Under Florida statute § 90.502, the attorney-client privilege exists when a client

attorney-client privilege afforded pursuant to Fla. Stat. § 90.502 and Fed. R.Evid. 502. . Although the assertion

an attorney and his client is set forth in section 90.502 of the Florida Statutes. The scope of the attorney-client

privilege, Whittle is an attorney pursuant to section 90-502(1)(a), Florida Statutes (2004), as he is a

to be disclosed to third persons.” Fla. Stat. § 90.502(l)(c). A party may waive the privilege if the

Deason, 632 So.2d 1377, 1380 (Fla.1994). See § 90.502, Fla. Stat. (2003). As this court noted in First

the attorney-client privilege, as codified in section 90.502, Florida Statutes (1981), and by the work product

communications between attorneys and their clients. See § 90.502(4), Fla. Stat. (2006) (providing a limited list

law firm representing Markel. . See generally § 90.502, Fla. Stat. (2013) (governing "[Ijawyer-client

violation of the law. Relying on both Fisher and section 90.502, Florida Statutes, we held that because the

who is the one protected by the privilege. See § 90.502(2), Fla. Stat. (2002). While Sultan's counsel

granted municipalities by the Evidence Code. Section 90.502, Florida Statutes (1981). We are therefore

the attorney/client privilege, pursuant to section 90.502, Florida Statutes (1990), from giving *3 depositions

Florida's attorney-client privilege, codified at section 90.502, Florida Statutes (2017), extends to communications

counsel in order to prove his claim for fees. Section 90.502, Florida Statutes (2011),' protects communications

The lawyer-client privilege is codified in section 90.502, Florida Statutes (1979) and enables the lawyer

Code, which becomes effective July 1, 1977. See § 90.502, Florida Statutes (1976 Supplement). Whether a

was involuntarily waived. Additionally, under section 90.502(4)(a), if a client consults an attorney for

as to some of them. 409 So.2d at 1113 (citing § 90.502(4)(c), Fla. Stat.). We thus conclude that there

attorney-client privilege as a “communication” under section 90.502(l)(c), Florida Statutes (2014), we deny the

At the hearing, the wife’s counsel relied on section 90.502, Florida Statutes (2011). Subsection 90.502(2)

the exceptions explicitly provided in Fla. Stat. § 90.502, which states, in relevant part: (c) A communication

v. Dean, 607 So.2d 494 (Fla. 4th DCA 1992). Section 90.502(1)(b), Florida Evidence Code, defines "client"

governed by the Florida Evidence Code, codified at section 90.502, Florida Statutes (2015). Under the Florida

protected by the attorney-client privilege under section 90.502, Florida Statutes (2002). That privilege covers

attorney-client privilege. Pursu*599ant to section 90.502(2), Florida Statutes (2013), “[a] client has

The attorney-client privilege is codified in section 90.502, Florida Statutes (2013): “A client has a privilege

or private, who consults a lawyer..." Fla.Stat. § 90.502(1)(b) (emphasis added). The inclusion of public

regulate all attorneys in the state of Florida.3 Section 90.502, Florida Statutes (2012), states, “[A] client

information; it is not a test of admissibility. See § 90.502(2), Fla. Stat. (2006) ("A client has a privilege

certain of these documents are privileged under section 90.502, Florida Statutes (1981), has been addressed

the crime/fraud exception to the privilege. Section 90.502(4), Florida Statutes (2002) provides that there

evidence because of the attorney-client privilege. Section 90.502(4)(b), Florida Statutes (2000), authorizes

exception to the attorney-client privilege of section 90.502(4)(a), Florida Statutes has been met, the trial

attorney-client privilege, and argues it on appeal. Section 90.502, Florida Statutes which covers lawyer-client

the attorney-client privilege set forth in Section 90.502 of the Florida Statutes. The issue is whether

Florida privileges, i.e., lawyer-client privilege (§ 90.502(l)(c)l., 2.), sexual assault counselor-victim

testimony. [2] The privilege is codified in section 90.502(2), Florida Statutes (2008): "A client has

the rendition of -legal services to the client.” § 90.502(2), Fla.Stat. (2014) (emphasis added). A communication

inviolate under the lawyer-client privilege. See § 90.502, Fla. Stat. (1989). During the one-year life of

date it claims (i.e., September 1992). . Section 90.502(4)(e) states that there is no lawyer-client

client are privileged and not discoverable. See § 90.502, Fla.Stat. (1991); Upjohn Co. v. United States

client and only she can waive it. Fla.Stat. Ann. § 90.502(3). The government argues that the privilege was

applied to the attorney-client privilege, under section 90.502(4), Florida Statutes. In support of Coral Reefs

The attorney-client privilege is set forth in section 90.502(2), Florida Statutes, which states, “[a] client

the asserted privilege. The letter referenced section 90.502, Florida Statutes (2003), and cited Southern

legal services to the client[s].”45 Fla. Stat. § 90.502(2). Insurers who retain attorneys to defend them

privilege. The circuit court based its holding on section 90.502(4)(d), Florida Statutes (2002), which provides

... firm of Kellis Soffer." Aaraya does not dispute this in its petition or reply filed in this court. Section 90.502(4)(e), Florida Statutes (2022), provides that [t]here is no lawyer-client privilege under this section when . . . [a] communication is relevant to a matter of common ...

the rendition of legal services to the client." § 90.502(2), Fla. Stat. (2007). The Evidence Code defines

addressed at the subsequent evidentiary hearing. See § 90.502, Fla. Stat. (2015). Thus, Florida Rule of Appellate

... interest” exception to the attorney-client privilege applied to these communications. See § 90.502(4)(e), Fla. Stat. (2024); Transmark, U.S.A., Inc. v. State, Dep’t of Ins., 631 So. 2d 1112, 1117 (Fla. 1st DCA 1994). We therefore deny the petition. I. RELEVANT FACTS AND ...

... starts with the recognition that attorney-client and work product privileges exist in Florida law. Section 90.502(2), Florida Statutes (2024), provides that "[a] client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of 3 In its response ...

the rendition of legal services to the client.” § 90.502, Fla. Stat. The confidentiality of attorney-client

evaluation. DAUKSCH and PETERSON, JJ., concur. . Section 90.502(2), Florida Statutes (1993) provides that:

note that there is no exception provided under section 90.502[, Florida Statutes] that allows the discovery

attorney-client privilege is codified in Fla. Stat, § 90.502. See Centennial Bank v. Servisfirst Bank Inc.

departure from the essential requirements of section 90.502, Florida Statutes (1995). This departure may

raising Mr. Rogers’ lawyer-client privilege under section 90.502(3)(e), Florida Statutes (1997). The State sought

asserting the long-established attorney-client, see § 90.502, or accountant-client, see § 90.5055, privileges

represents the agency and not the recipient); § 90.502(5), Fla. Stat. (2010) (provides that communications

an attorney-client privilege was created by section 90.502, Florida Statutes, by which governmental bodies

protected as an attorney-client communication. § 90.502, Fla. Stat. (2015). Respondent countered that

essential requirements of the law. See § 90.502(4)(b), Fla. Stat. (2016) (providing that “[t]here

668 (Fla. 2d DCA 2003). We recognize that section 90.502(4), Florida Statutes (2008), outlines five

production to opposing parties pursuant to section 90.502, Florida Statutes, and Rule 1.280(b)(3), Florida

in Section 90.502 of the Florida Evidence Code, titled “Lawyer-client privilege.” Section 90.502(l)(b)

privilege belongs to and protects the client. See § 90.502(2), Fla. Stat. (2021) (“A client has a privilege

protected by the attorney-client privilege under section 90.502, Florida Statutes (2002). That privilege covers

analysis to the deposition. Codified in section 90.502, Florida Statutes (2021), “[t]he attorney-

under Chapter 119, section 768.28(16)(b), and section 90.502, as they contained the impressions of attorneys

what the client kneio was a crime or fraud.” See. § 90.502(4)(a), Fla. Stat. (2016) (emphasis added). The

of 30. . Fed.R.Evid. 501. . § 90.502(2), Fla. Stat. . § 90.502(4)(a), Fla. Stat. . First Union

analysis to the deposition. Codified in section 90.502, Florida Statutes (2022), “[t]he attorney-

DAUKSCH and PETERSON, JJ., concur. NOTES [1] Section 90.502(2), Florida Statutes (1993) provides that:

are protected by the attorney client privilege. § 90.502(2), Fla. Stat. (1995); United Servs. Auto Ass’n

Absent extraordinary circumstances delineated by section 90.502 of the Florida Statutes – the statute that

Consistent with this well-established legal rule, section 90.502(l)(c), Florida Statutes (2015), provides that

the rendition of legal services to the client.” § 90.502(2), Fla. Stat. (2007). The Evidence Code defines

Administration 2.420(c)(1) and 2.420(c)(7), and section 90.502, Florida Statutes (2014) pertaining to the

generally not privileged and are discoverable.5 See § 90.502, Fla. Stat. (2016); Upjohn Co. v. United States

and are discoverable. 5 See § 90.502, Fla. Stat. (2016); Upjohn Co. v. United

in rendition of legal services to the client.” § 90.502(2), Fla. Stat. (2021). However, “A person who

transmission of the communication. Fla. Stat. § 90.502(l)(c). “[F]or a privileged document to lose its

The attorney-client privilege is governed by section 90.502, Florida Statutes (2016), which provides that

privilege which is personal to the individual. See § 90.502, Florida Statutes (1987) and Rule 4-1.7-9, Rules

departure from the essential requirements of law. See § 90.502(2), Fla. Stat. (2006); see also Genovese v. Provident

opportunity to be heard and call witnesses). Sde also § 90.502(4)(c), Fla. Stat. (2014) (no attorney-client privilege

opportunity to be heard and call witnesses). See also § 90.502(4)(c), Fla. Stat. (2014) (no attorney- client

communications between an attorney and his client, section 90.502, Florida Statutes (1981), and there is no evidence

within the lawyer-client privilege. The notes to section 90.502(4)(d), Florida Statutes (1993), indicate that

*113 and not subject to disclosure. See § 90.502(l)(c), Fla. Stat. (2015) 1 R.L.R. v

the rendition of legal services to the client.” § 90.502(2), Fla. Stat. (2014) (emphasis added).

facilitate the rendition of legal services by a lawyer. § 90.502(2), Fla.Stat. (1981). The communication must be

protected by the attorney-client privilege (see § 90.502(2), Fla.Stat.) are exempt from the disclosure

sought is protected by the lawyer-client privilege. § 90.502, Fla. Stat. (1983). Respondent says that privilege

Florida's attorney-client privilege, codified at section 90.502, Florida Statutes (2017), extends to communications

Florida’s attorney-client privilege is codified in section 90.502(2) of the Florida Statutes (2017), which provides

630, 633 (Fla. 1991). Further, according to section 90.502(1)(b), Florida Statutes (2022), a client in

subject to the attorney-client privilege. See § 90.502(l)(e)(2), Fla. Stat.(1993); Keir v. State, 152

obtained disqualification of petitioner’s counsel. Section 90.502, Florida Statutes (1997) entitled “Lawyer-Client

exclude the email under section 90.502(2), Florida Statutes (2019). Section 90.502(2) provides that “[a]

rendition of legal services to the client." § 90.502(2), Fla. Stat. (2017) (emphasis added); see also

(Fla. 1994) [hereinafter Southern Bell] (citing § 90.502(1)(b), Fla. Stat. (1991)). The privilege covers

note that there is no exception provided under section 90.502 that allows the discovery of attorney-client