The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . Florida's attorney-client privilege, codified at section 90.502, Florida Statutes (2017), extends to . . .
. . . . § 90.502(2). . . . Stat. § 90.502 ). . . .
. . . See § 90.502(2), Fla. Stat. (2006) ; see also Genovese v. Provident Life & Accident Ins. . . .
. . . between a lawyer and a client acting as a fiduciary is privileged and protected from disclosure under s. 90.502 . . . In applying s. 90.502 to a communication under this section, only the person or entity acting as a fiduciary . . . section does not affect the crime or fraud exception to the lawyer-client privilege provided in s. 90.502 . . .
. . . The attorney-client privilege is governed by section 90.502, Florida Statutes (2016), which provides . . .
. . . Privilege and the “Malpractice Exception” Florida’s attorney-client privilege is codified in section 90.502 . . . See § 90.502(l)(c), Fla. Stat. (2017). . . . The “malpractice exception” to the privilege is codified in section 90.502(4)(c), which provides that . . . 537-38 (Fla. 3d DCA 2016) (recognizing that because the lawyer-client privilege set forth in section 90.502 . . .
. . . documents requested were exempt from production under Chapter 119, section 768.28(16)(b), and section 90.502 . . .
. . . Consistent with this well-established legal rule, section 90.502(l)(c), Florida Statutes (2015), provides . . .
. . . See § 90.502, Fla. Stat. (2015). . . .
. . . . § 90.502(4)(a), Fla. Stat. (2016) (emphasis added). . . .
. . . See § 90.502, Fla. Stat.; see also McWatters v. State, 36 So.3d 613, 636 (Fla. 2010). . . .
. . . Stat. § 90.502(2). . . . Stat. § 90.502(2). . . . Stat. § 90.502(l)(c). . . . Stat. § 90.502(l)(c). . . . Stat. § 90.502(2). . . .
. . . It is governed by the Florida Evidence Code, codified at section 90.502, Florida Statutes (2015). . . . . § 90.502(2), Fla. Stat. . . . Those reasonably necessary for the transmission of the communication. § 90.502(1)(c), Fla. Stat. . . . While section 90.502(4) provides several exceptions to the attorney-client privilege, none of them apply . . . consulted in common when offered in a civil action between the clients or their successors in interest. § 90.502 . . . Indeed,- section 90.502(2) provides that “[a] client has a privilege to refuse to disclose, and to prevent . . .
. . . See § 90.502(l)(c), Fla. Stat. (2015)R.L.R. v. State, 116 So.3d 570 (Fla. 3d DCA 2013). . . . Section 90.502(l)(c) provides: A communication between lawyer and client is "confidential” if it is not . . .
. . . that Lee’s Notes are not subject to the attorney-client privilege as a “communication” under section 90.502 . . . The attorney-client privilege governed by the Florida Evidence Code, is codified at section 90.502, Florida . . . Those reasonably necessary for the transmission of the communication. § 90.502(l)(c), Fla. Stat. . . . Indeed, as the Law Revision Council Note to section 90.502, Florida Statutes, states, “the privilege . . . While section 90.502(4), Florida Statutes, provides several exceptions to the attorney-client privilege . . .
. . . See § 90.502(4)(b), Fla. . . . See also Law Revision Council Note (1976) to § 90.502(4)(b) (noting that “[w]hen multiple parties claim . . . (“The attorney-client privilege [section 90.502] applies in judicial and other proceedings in which a . . .
. . . .” § 90.502, Fla. Stat. . . . See § 90.502(2),(3)(a), Fla. Stat. (2001); Whitener, 715 So.2d at 982; Compson, 629 So.2d at 851. . . . between a lawyer and a client acting as a fiduciary is privileged and protected from disclosure under s. 90.502 . . . In applying s. 90.502 to a communication under this section, only the person or entity acting as a fiduciary . . . section does not affect the crime or fraud exception to the lawyer-client privilege provided in s. 90.502 . . .
. . . See § 90.502, Fla. Stat. (2016); Upjohn Co. v. . . .
. . . to as the “attorney-client privilege,” is governed by the Florida Evidence Code, codified at section 90.502 . . . of the communications because they were made in the rendition of legal services to the* client.” § 90.502 . . . Section 90.502(4) provides several exceptions to the attorney-client privilege, none of which apply here . . .
. . . . § 90.502, which states, in relevant part: (c) A communication between lawyer and client is “confidential . . . Stat. § 90.502(c) requires that the communications be “not intended to be disclosed.” . . . Stat. § 90.502 states that “practicality requires that some disclosure outside the immediate lawyer-client . . . Florida Statutes § 90.502(c)(2) protects communications with those “to whom disclosure is in furtherance . . .
. . . Section 90.502, Florida Statutes (2011),' protects communications between Tedrow and her counsel. . . . .” § 90.502(2). None of the exceptions to the privilege in section 90.502 apply in this case. . . . See § 90.502(4) (listing five exceptions). . . . communications may be relevant to Cannon’s claim for fees, but “there is no exception provided under section 90.502 . . .
. . . Sde also § 90.502(4)(c), Fla. . . .
. . . .” § 90.502(2), Fla.Stat. (2014) (emphasis added). . . . Those reasonably necessary for the transmission of the communication. § 90.502(1)(c), Fla. . . .
. . . . § 90.502, Fla. Stat. (2015). . . . . § 90.502(4)(a). . . .
. . . . § 90.502(2). . . . Stat., § 90.502(2); Fed.R.Evid. 502(a); see also GAB Bus. Serv., Inc. v. . . . Stat. § 90.502(l)(b). . . . See id. at § 90.502(1)(b). . . . .
. . . 14 e-mails, citing Florida Rules of Judicial Administration 2.420(c)(1) and 2.420(c)(7), and section 90.502 . . .
. . . Section 90.502, Florida Statutes, which is entitled “Lawyer-client privilege,” provides in part: (1) . . .
. . . Moreover, we note that there is no exception provided under section 90.502[, Florida Statutes] that allows . . .
. . . The attorney-client privilege is codified in section 90.502, Florida Statutes (2013): “A client has a . . . learned of the communications because they were made in the rendition of legal services to the client.” § 90.502 . . . than” those necessary for the rendition of legal services or the transmission of the communication. § 90.502 . . . [t]hose reasonably necessary for the transmission of the communication.” § 90.502(l)(c)(2). . . .
. . . Attorney-Client Privilege The attorney-client privilege is set forth in section 90.502(2), Florida Statutes . . .
. . . See generally § 90.502, Fla. Stat. (2013) (governing "[Ijawyer-client privilege”). . . .
. . . Under Florida law, the attorney-client privilege is codified in section 90.502 of the Florida Statutes . . . Stat. § 90.502(1)(c), (2); see also Genovese v. Provident Life & Accident Ins. . . .
. . . Moreover, we note that there is no exception provided under section 90.502 that allows the discovery . . . 627.155, does not mean that Boozer gave up her statutory attorney-client privilege, codified in section 90.502 . . .
. . . certain third parties can be found in many of the Florida privileges, i.e., lawyer-client privilege (§ 90.502 . . .
. . . Lisa Daly Lady Decor, Inc., 698 So.2d 276, 278 (Fla. 3d DCA 1997) ("Section 90.502(1)(c), Florida Statutes . . .
. . . Pursuant to section 90.502(2), Florida Statutes (2013), “[a] client has a privilege to refuse to disclose . . .
. . . Section 90.502(l)(e), Florida Statutes (2012), provides generally that a communication between a lawyer . . .
. . . . §§ 90.502(l)(c)12, Fla. Stat. (2012). . . .
. . . Stat. § 90.502, or the Deason factors. . . . Stat. § 90.502(4)(e). . . . Stat. § 90.502. . . . Stat. § 90.502(4)(a),(c). . . . Stat. § 90.502(2). . . .
. . . . § 90.502(l)(c). . . .
. . . Section 90.502, Florida Statutes (2012), states, “[A] client has a privilege to refuse to disclose, and . . . The privilege is codified by statute and contained in the Evidence Code, section 90.502, Florida Statutes . . . Section 90.502, Florida Statutes (2012), lists extraordinary circumstances where the attorney-client . . .
. . . Additionally, under section 90.502(4)(a), if a client consults an attorney for advice which will aid . . .
. . . . § 90.502(2), Fla. Stat. . § 90.502(4)(a), Fla. Stat. . First Union Nat’l Bank v. . . .
. . . . § 90.502 and Fed. R.Evid. 502. . . . .
. . . . § 90.502 (the codification of the Florida attorney-client privilege) and Southern Bell Telephone Co . . .
. . . At the hearing, the wife’s counsel relied on section 90.502, Florida Statutes (2011). . . . Subsection 90.502(2) provides that “[a] client has a privilege to refuse to disclose, and to prevent . . . Those reasonably nécessary for the transmission of the communication. § 90.502(l)(c), Fla. . . . As there are not many Florida appellate court opinions construing section 90.502(l)(c), the wife relies . . . argues that the trial court made a factual determination that neither exception to the waiver of section 90.502 . . .
. . . See § 90.502(4), Fla. . . . known in the common law and is now codified by statute and contained in the Evidence Code, section 90.502 . . .
. . . The attorney-client privilege is provided for in section 90.502, Florida Statutes (2010), which states . . . learned of the communications because they were made in the rendition of legal services to the client.” § 90.502 . . . Moreover, we note that there is no exception provided under section 90.502 that allows the discovery . . .
. . . The Committee has also proposed a comment to sections 90.502 and 90.507, Florida Statutes, related to . . .
. . . Section 90.502, Florida Statutes (2009), sets forth the attorney-client privilege, in pertinent part, . . .
. . . recipient to inform the recipient that the attorney represents the agency and not the recipient); § 90.502 . . .
. . . Section 90.502, Florida Statutes (2006), establishes a statutory privilege for communications between . . .
. . . . § 90.502(l)(c). . . .
. . . See § 90.502(4)(a), Fla. . . . See § 90.502(l)(c), Fla. . . .
. . . . § 90.502(l)(e), Fla. Stat. (2008). The privilege belongs to the client, see Neu v. . . .
. . . We recognize that section 90.502(4), Florida Statutes (2008), outlines five situations where there is . . .
. . . The privilege is codified in section 90.502(2), Florida Statutes (2008): “A client has a privilege to . . . Pursuant to section 90.502(1 )(c), Florida Statutes (2008), "[a] communication between lawyer and client . . .
. . . Section 90.502(1), Florida Statutes, provides: (c) A communication between lawyer and client is “confidential . . . lawyer to the client or by the client to the lawyer, arising from the lawyer-client relationship. § 90.502 . . . breach of duty between the lawyer and client, the communications were not protected by the privilege. § 90.502 . . .
. . . . § 90.502(1)(c); accord Cunningham v. Appel, 831 So.2d 214, 215 (Fla. 5th Dist.Ct.App. 2002). . . .
. . . known in the common law and is now codified by statute and contained in the Evidence Code, section 90.502 . . . Section 90.502 recognizes certain limited exceptions to attorney-client privilege, most notably, where . . . a crime or fraud is facilitated through attorney-client communications. § 90.502(4)(a), Fla. . . .
. . . See § 90.502, Fla. Stat. (2000); Southern Bell Tel., 632 So.2d 1377. . . .
. . . Under Florida statute § 90.502, the attorney-client privilege exists when a client consults “a lawyer . . .
. . . .” § 90.502(2), Fla. Stat. (2007). . . . Those reasonably necessary for the transmission of the communication.” § 90.502(l)(c), Fla. . . .
. . . Stat. (2006) (providing for journalist’s privilege); § 90.502, Fla. . . .
. . . See § 90.502(2), Fla. . . . See § 90.502(3). . Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). . . . . See § 90.502(3), Fla. Stat. (2005); Restatement (Third) of the Law Governing Lawyers § 86 (2000). . . .
. . . . § 90.502. . . .
. . . See § 90.502(4)(a), Fla. Stat. (2007). It ordered Duke to respond. . . . obtained to enable or aid anyone to commit or plan to commit what the client knew was a crime or fraud.” § 90.502 . . .
. . . Rather, the plaintiff supports his argument relying on the definition of “client” contained in Section 90.502 . . . Section 90.502(l)(b) of the Florida Evidence Code, intended to assist parties and the courts in determining . . . rejects this argument finding that the definition of a “client” supplied in Florida Statute Section 90.502 . . . Indeed, Section 90.502, by its own limiting language, states that the test was for the purpose of that . . . However, the Court did not conclude that Section 90.502(1)(b) of the Florida Evidence Code supplied the . . .
. . . Section 90.502, Florida Statutes (2006), provides that communications between a client and a lawyer for . . .
. . . County asserted two grounds for non-disclosure: the attorney-client privilege contained in section 90.502 . . .
. . . The attorney-client privilege is codified in section 90.502(2), Florida Statutes (2000), which states . . . See § 90.502(4)(e). . . . This is understandable because the statutory lawyer-client privilege, section 90.502, was not created . . . Section 90.502(2) creates a lawyer-client privilege that is possessed by the client. . . . .” § 90.502(3)(d). Ms. Scoma has no assignment from Mr. . . .
. . . The Basis for the Lawyer-Client Privilege Section 90.502(2), Florida Statutes (2005), provides that “ . . . Under section 90.502(l)(b), client is defined as “any person ... who consults a lawyer with the purpose . . . only applies to communications if they “were made in the rendition of legal services to the client.” § 90.502 . . . lawyer with the purpose of obtaining legal services” or was “rendered legal services by a lawyer.” § 90.502 . . . (l)(b) and 90.502(2). . . . I also note that section 90.502(4), Florida Statutes (2005), states as follows: “There is no lawyer-client . . .
. . . The circuit court based its holding on section 90.502(4)(d), Florida Statutes (2002), which provides . . . We conclude that the circuit court erred in ordering the production of this letter based on section 90.502 . . .
. . . See §§ 90.502, 90.503, 90.504, 90.505, 90.5055, Fla. Stat. (2004). . . .
. . . in this instance, the applicability of section 90.502 is substantive rather than procedural. . . . Miami Herald Publ’g Co., 468 So.2d 218 (Fla.1985) (comparing chapter 119 and section 90.502 regarding . . . Accordingly, the express provisions of section 90.502 apply and the attorney-client privilege is not . . . Moreover, section 90.502(3) describes who may claim the privilege: (a) The client. . . . See § 90.502(4), Fla. . . .
. . . .” § 90.502(4)(a), Fla. Stat. (2005). . . .
. . . Section 90.502, Florida Statutes, codifies the attorney-client evidentiary privilege. . . . More importantly for our analysis, however, is the limitation to the privilege contained in section 90.502 . . . parties, they could not be considered to be confidential communications within the meaning of section 90.502 . . . The court, with an eye to section 90.502(l)(c)2., determined that the defendant’s mother had been acting . . .
. . . See § 90.502, Fla. Stat. (2003). As this court noted in First Union National Bank v. . . .
. . . See § 90.502(l)(c), Fla. Stat. (2002); Jenney v. . . .
. . . The letter referenced section 90.502, Florida Statutes (2003), and cited Southern Bell Telephone and . . . Section 90.502, Florida Statutes .(2003) addresses lawyer-client privilege. . . . See § 90.502(4), Fla. Stat. (2003). . . . Pachter’s allegations of breach of fiduciary duty,-finding an exception to the privilege under section 90.502 . . . See § 90.502(4)(a), Fla. Stat. (2003). . . .
. . . Section 90.502, Florida Statutes, which protects attorney client communications, includes several exceptions . . . Specific to the instant case, section 90.502(4), provides: (4) There is no lawyer-client privilege under . . . to a lawyer retained or consulted in common when offered in a civil action between the clients.... § 90.502 . . .
. . . See § 90.502(2), (3)(a), Fla. Stat. (2001); Whitener, 715 So.2d at 982; Compson, 629 So.2d at 851. . . . See § 90.502(4); Prudential Ins. Co. of Am. v. Fla. . . . WHATLEY and STRINGER, JJ, Concur. . § 90.502, Fla. Stat. (2001). . . . .
. . . .” § 90.502(4)(c), Fla. Stat. (2003). . . . of rule 4-1.6(c)(2) and an “issue of breach of duty ... by the client to the lawyer” under section 90.502 . . .
. . . Evid.Code § 90.502(l)(b) (emphasis added). . . . .
. . . Section 90.502(4)(b), Florida Statutes (2000), authorizes the introduction of an attorney’s testimony . . . Section 90.502 provides: (4)There is no lawyer-client privilege under this section when: (b) A communication . . .
. . . some discussion as to whether the criminal act exception to the attorney-client privilege of section 90.502 . . .
. . . documents in question and find that they are protected by the attorney-client privilege under section 90.502 . . .
. . . whether a crime or fraud was committed and hence applied to the attorney-client privilege, under section 90.502 . . . See § 90.502(2), Fla. Stat. (2003). See also Haskell Co. v. Georgia Pac. . . . Under section 90.502(4)(a), Florida Statutes (2003), there is no attorney-client privilege, as provided . . . for in section 90.502(2), when “[t]he services of the lawyer were sought or obtained to enable or aid . . .
. . . See § 90.502(2), Fla. Stat. (2002). . . .
. . . . § 90.502(2), Fla. Stat. (2000). . . . . § 90.502(l)(c), Fla. Stat. (2000). . . .
. . . See § 90.502(4)(a)-(e), Fla. Stat. (1997); E. Air Lines, Inc. v. U.S. . . . See § 90.502(4)(a), Fla. Stat. (1997); Am. Tobacco Co. v. . . .
. . . Section 90.502(4), Florida Statutes (2002) provides that there is no attorney-client privilege where . . .
. . . Section 90.502(2), Florida Statutes, provides that a client has a privilege to refuse to disclose, and . . .
. . . Chapter 2000-316, section 1, amends section 90.502, Florida Statutes (Lawyer-client privilege), Florida . . . Florida Statutes, shall not be construed to waive the attorney-client privilege established under section 90.502 . . .
. . . (citing § 90.502, Fla. Stat.). . . . See § 90.502(4), Fla. Stat. (2000). . . .
. . . See §§ 90.502, 90.504, Fla. Stat. (2000). . . .
. . . clause in an insurance contract does not eviscerate the attorney-client privilege codified in Section 90.502 . . .
. . . . § 90.502(l)(c). . . . Stat. § 90.502(l)(a) — (b). . . . Stat. § 90.502(c)(1) — (2). . . .
. . . See § 90.502, Fla. Stat. (1999). . . .
. . . Id. at 1103; see § 90.502(4)(e), Fla. Stat. (2000). . . .