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....

...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....

...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....

...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 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....

...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....

...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....

...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....

...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....

...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)....

...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....

...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....

...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 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....

...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)....

...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....

...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....

...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....

...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....

...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)....

...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....

...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....

...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....

...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....

...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....

...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)....

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

...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)....

...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....

...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....

...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....

...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....

...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)....

...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....

...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....

...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....

...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....

...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....

...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....

...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....

...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......

exception, not subject to disclosure. Fla. Stat. § 90.502. The burden of establishing the attorney-client

...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....

...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....

...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....

...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)....

...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....

...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....

...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)....

...Before SCHWARTZ, C.J., and HENDRY and DANIEL S. PEARSON, JJ. SCHWARTZ, Chief Judge. While the client, the petitioner Procacci, waived his attorney-client privilege as to a particular real estate transaction by suing his attorney for malpractice in the conduct of that transaction, see § 90.502(4)(c), Fla....

...relied on regarding his representations of his finances. While the wife may have acknowledged to her lawyer that she knew the true financial picture, we do not think discovery of this type of information is authorized by Savino, 92 So.2d at 817, or section 90.502(4)(a), Florida Statutes (1991), which says 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....

...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....

...City Atty., Fowler, White, Burnett, Hurley, Banick & Strickroot and Michael J. Murphy, Miami, for appellees. Before HENDRY, SCHWARTZ and DANIEL S. PEARSON, JJ. PER CURIAM. We leave for another day the question whether by enacting the Florida Evidence Code, Section 90.502, Florida Statutes (1981) (effective date July 1, 1979), declaring that communications between lawyer and client are confidential, the Legislature has effectively amended the earlier enacted but subsequently reenacted law allowing the i...

...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....

...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....

...Travelers asks that this discovery order be quashed insofar as it encompasses such communications, relying on Skorman v. Hovnanian of Fla., Inc., 382 So.2d 1376 (Fla. 4th DCA 1980), and Roberts v. Jardine, 366 So.2d 124 (Fla. 2d DCA 1979). See also § 90.502, 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....

...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)....

...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....

...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....

attorney-client privilege. Florida Statutes section 90.502 provides, in relevant part:135 (l)(b) A “client”

...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....

...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....

federal common law of privilege) with Fla. Stat. § 90.502 (the codification of the Florida attorney-client

...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 "...

...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....

...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....

...f those acting with criminal intent. Moreover, in terms of the "fifth amendment advice" question which the appellee has chosen to emphasize here, [7] it is noteworthy that the invocation of the attorney-client privilege is specifically recognized by § 90.502, 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)....

...The circuit court departed from the essential requirements of law when it determined that the lawyer-client privilege did not apply due to the respondent's status with the corporate petitioner. It is well established that the lawyer-client privilege *507 applies when the client is a corporation. Section 90.502(1)(b), Florida Statutes (1987)....

...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....

...3d DCA 1982), instructed the trial court that a determination that public records were exempt from disclosure could only be made by reference to specific records, none of which were before the trial court. Pursuant to our mandate, the trial court conducted a hearing and by order entered September 17, 1982, ruled that Section 90.502, Florida Statutes (1981) (effective July 1, 1979), exempted from disclosure under the Public Records Act, §§ 119.01-12, Fla....

...eing sought in this case. The court found that petitioners had an obligation to produce the requested records from attorneys Barnhart and Perry. We disagree. Although generally communications between attorney and client are protected from discovery, 90.502(4)(c) 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 the client or by the client to the lawyer, arising from the lawyer-client relationship....

...State, 640 So.2d 1094 (Fla.1994) (holding privilege was waived only as to matters specifically at issue in court action). Based on our reading of the statute and the relevant case law pertaining to attorney-client privilege, we can not 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....

...hment. The trial court had previously found that the application involved a fraud upon the court. As a result, the trial court concluded, based on the fraud exception, that the attorney-client privilege did not apply to questions about the writ. See § 90.502(4)(a), Fla....

...Tobacco Co. v. State, 697 So.2d 1249, 1252 (Fla. 4th DCA 1997). However, the privilege does not apply if the lawyer's services "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....

...Crews, 614 So.2d 1213, 1213 (Fla. 4th DCA 1993). An order improperly compelling discovery of information protected from discovery by the attorney-client privilege is reviewable by certiorari. Id. The attorney-client privilege has been codified in our Evidentiary Code. Section 90.502(1), Florida Statutes, provides: (c) A communication between lawyer and client is "confidential" if it is not intended to be disclosed to third persons other than: 1....

...d client occurs: 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 the client or by the client to the lawyer, arising from the lawyer-client relationship. § 90.502(4), Fla....

...Ferrari's discussions with her successor counsel could not be reached. To the extent that the communications at petitioner's deposition were relevant to the breach of duty between the lawyer and client, the communications were not protected by the privilege. § 90.502(4)(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....

...Petitioner Dennis seeks production by the public defender of documents and transcripts relating to the circuit court proceedings in his case. This court issued a rule to show cause why the relief sought should not be granted, and the public defender asserted the attorney-client privilege. See § 90.502(1)(c), Fla....

...wever, there is a significant difference between a "first party's third-party claim" and a "third party's third-party claim." This arises out of the unique relationships created by the insurance contract. The attorney-client privilege is codified in section 90.502(2), Florida Statutes (2000), which 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 communicatio...

...n the rendition of legal services to the client." This privilege has been described as "absolute," see XL Specialty Ins. Co. v. Aircraft Holdings, LLC, 929 So.2d 578, 583 (Fla. 1st DCA 2006), although it is subject to certain exceptions set forth in section 90.502(5) and not at issue here....

...The attorney-client privilege does not generally attach as to communications between an insurer, the insured, and the attorney hired to represent the insured in a third-party claim *467 because these parties agreed to a representation of common interests. See § 90.502(4)(e)....

...Perkins jointly represented both Mr. Courtney and Progressive in the underlying tort action. Although Progressive presumably could not maintain a privilege to its communications with Mr. Perkins in an action filed by Mr. Courtney against the company, nothing in section 90.502 would suggest that Progressive loses the statutory privilege merely because Ms....

...The extent of that *469 examination is, I think, an open question." Boston Old Colony, 325 So.2d at 417. Neither Boston Old Colony nor Stone contain a careful analysis of the attorney-client privilege. This is understandable because the statutory lawyer-client privilege, section 90.502, was not created until July 1992. See ch. 92-138, Laws of Fla. Thus, it did not apply when Boston Old Colony and Stone were decided. Dunn, 631 So.2d 1103, and Aqua Jet Filter Systems, 620 So.2d 1141, were decided in 1993. Neither case discussed whether section 90.502 applied to the case or what effect the statute might have had on the case....

...be a third-party beneficiary to an insurance contract or have independent statutory rights under section 627.155 to bring a claim based upon that contract does not support an argument that the plaintiff obtains the defendant's statutory rights under section 90.502. Section 90.502(2) creates a lawyer-client privilege that is possessed by the client. In addition to the client, the privilege may be "claimed" by "a successor" or "assignee." § 90.502(3)(d)....

...such a privilege, such as encouraging open and unguarded discussions between counsel and client as they prepare for litigation. We agree with Judge Polston's reasoning in XL Specialty Insurance Co., 929 So.2d at 584-86, that the specific language in section 90.502 controls over any general language in section 627.155....

...case. The trial court departed from the essential requirements of the law when it held that the statutory privilege did not apply. We therefore grant the petition for writ of certiorari and quash the order on review. On remand, the court must apply section 90.502 and the case law interpreting it to determine whether the documents which Progressive seeks to protect from disclosure are indeed ones protected by the attorney-client privilege....

...to surreptitiously eavesdrop on the confidential communications between the opposing party and his counsel; such communications are clearly privileged under our law and may not be secretly intercepted by counsel for the adverse party. See generally § 90.502(2), Fla....

...need to know its contents. S. Bell Tel. & Tel. Co. v. Deason, 632 So.2d 1377, 1383 (Fla.1994). Attorney-client privileged materials are subject to disclosure only when one of the statutory exceptions, such as the crime fraud exception, applies. See § 90.502(4)(a)-(e), Fla....

...The attorney notes from undisclosed interviews with Ivey are all privileged documents. The crime fraud exception does not apply to the notes because there was no showing that Ivey sought out any attorney's legal advice for the purpose of furthering a fraud. See § 90.502(4)(a), Fla....

...In most instances, an attorney has implied authority to waive the privilege for his client. United States v. Miller, 660 F.2d 563, 572 (5th Cir.1981), reh'g denied, opinion modified, 675 F.2d 711, vacated for mootness, 685 F.2d 123 (1982); Ehrhardt, Florida Evidence, 2d Ed., § 507.1. See also § 90.502(3)(e), Fla....

...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....

...s that would otherwise go to the beneficiary. First Union Nat'l Bank v. Turney, 824 So.2d 172, 185-86 (Fla. 1st DCA 2001); see also Compson, 629 So.2d at 851. If the attorney represents the trustee, the trustee holds the lawyer-client privilege. See § 90.502(2), (3)(a), Fla....

...ent privilege or the work product doctrine. If necessary, it may conduct further proceedings to determine whether any exceptions to the lawyer-client privilege *938 exist or whether James can overcome the protection of the work product doctrine. See § 90.502(4); Prudential Ins....

...s by other means.' Fla. R. Civ. P. 1.280(b)(3)."). If not, the court must redact the privileged information before requiring production of the records. Petition granted, decision of circuit court quashed. WHATLEY and STRINGER, JJ., Concur. NOTES [1] § 90.502, Fla....

...When we review a trial court's decision to admit or exclude evidence, we do so using an abuse of discretion standard. See Stewart & Stevenson Servs., Inc. v. Westchester Fire Ins. Co., 804 So.2d 584, 587 (Fla. 5th DCA 2002). We find no abuse of discretion in this case. Section 90.502, Florida Statutes, codifies the attorney-client evidentiary privilege....

...ication when the other *670 person learned of the communication by virtue of its being made in connection with the rendition of legal services to the client. More importantly for our analysis, however, is the limitation to the privilege contained in section 90.502(1)(c), which reads: A communication between lawyer and client is "confidential" if it is not intended to be disclosed to third persons other than: 1....

...y, because he also sent copies of letters to his girlfriend and the police. As the defendant made no attempt to shield the letters from disclosure to third parties, they could not be considered to be confidential communications within the meaning of section 90.502(1)(c)....

...because the defendant's mother acted as his agent in obtaining legal counsel. The defendant had asked his mother to hire a lawyer for him while he was incarcerated, and apparently had no other way of contacting the lawyer. The court, with an eye to section 90.502(1)(c)2., determined that the defendant's mother had been acting as her son's agent, and that because her action was "reasonably necessary for the transmission *671 of the communication," the privilege as to those communications remained intact....

...ence. Our conclusion is bolstered by the general body of law holding that certain analogous statutory privileges, e.g., the psychotherapist-patient privilege set forth in section 90.503, Florida Statutes, and the lawyer-client privilege set forth in section 90.502, Florida Statutes, can be waived....

...This includes matters in which the professionals provided common representation for Mrs. Culverhouse and other persons or entities. We conclude, however, that both trial courts have adopted an overly expansive interpretation of the "common interest" exception found in sections 90.502 and 90.5055, Florida Statutes (1995)....

...Although the complex allegations in this case may suggest several possible avenues to overcome these professional privileges, the only exception at issue in this case is the "common interest" exception. The lawyer-client privilege contains this exception in section 90.502(4)(e), Florida Statutes (1995): 90.502 Lawyer-client privilege— (4) There is no lawyer-client privilege under this section when: ....

...them to an accountant retained or consulted in common when offered in a civil action between the clients. It is worth emphasizing that these privileges are possessed by the client and can only be raised by the professional on behalf of the client. §§ 90.502(3), .5055(3)....

...nfidential" 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....

...The attorney-client privilege in Florida as codified by statute applies to the contents of confidential communications between a lawyer and a client made in the rendition of legal services which are not intended to be disclosed to third persons. See §§ 90.502(1) and (2), Fla. Stat. (1995). These confidential communications are not discoverable unless one of the statutory exceptions to the privilege is applicable. See § 90.502(4), Fla....

...We now turn to the points raised by appellants on their appeal from this order. *97 The employer and servicing agent first contend that the deputy erred by disclosing certain file documents protected by the attorney-client privilege, as codified in section 90.502, Florida Statutes (1981), and by the work product doctrine codified in rule 1.280(b)(2), Florida Rules of Civil Procedure....

...ed December 30, 1983, asked the claims representative to obtain information relevant to claimant's average weekly wage. Giving appellants the benefit of any doubt, we conclude that these communications are protected by the attorney-client privilege. § 90.502, Fla....

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

...der again asserting the attorney-client privilege. Following a hearing, the JCC entered the order under review requiring Claimant's counsel to produce "the list in the possession of Claimant's counsel." This petition for writ of certiorari followed. Section 90.502, Florida Statutes (2009), sets forth the attorney-client privilege, in pertinent part, as follows: (1) For purposes of this section: (a) A "lawyer" is a person authorized, or reasonably believed by the client to be authorized, to practice law in any state or nation....

...4th DCA 2001); Vick v. Bailey, 777 So.2d 1005 (Fla. 2d DCA 2000). Nonetheless, as explained in State Farm Mut. Auto. Ins. Co. v. K.A.W., 575 So.2d 630 (Fla.1991), the legal system cannot function fairly and effectively if an attorney has an informational advantage. Section 90.502(2), Florida Statutes, 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 that other person learned of the communication created during rendition of legal services to a client....

...Not one case cited by the plaintiff actually holds that a law firm performing legal work alone and irrespective of a client's subjective intent is sufficient to establish an attorney-client relationship. Rather, the plaintiff supports his argument relying on the definition of "client" contained in Section 90.502 of the Florida Evidence Code, titled "Lawyer-client privilege." Section 90.502(1)(b) of the Florida Evidence Code, intended to assist parties and the courts in determining when an attorney properly may claim an attorney-client privilege against testifying, defines a "client" as "any person, public officer, corpor...

...d an attorney-client relationship with Lentek, regardless of Lentek's representatives' lack of intent to hire Greenspoon Marder on Lentek's behalf. The Court rejects this argument finding that the definition of a "client" supplied in Florida Statute Section 90.502 pertains specifically to the proper use of the attorney-client privilege and does not articulate the test for determining whether an attorney-client relationship exists under the law of Florida and the Eleventh Circuit. Indeed, Section 90.502, by its own limiting language, states that the test was for the purpose of that particular section only....

...Thus, summary judgment was denied, because the defending attorneys could not prove an absence of intent. Id. In finding that a factual dispute existed concerning whether the defendants actually provided legal services to the plaintiff, the District Court referenced the definition of "client" supplied in Section 90.502(1)(b) of the Florida Evidence Code. However, the Court did not conclude that Section 90.502(1)(b) of the Florida Evidence Code supplied the test for finding an attorney-client relationship....

...nal, not litigation, files and that disclosure of the Oliver memorandum had waived any privilege. The bank argues that the documents are privileged and that the disclosure of the one document does not waive all privileges as to others. See generally § 90.502, Fla....

...This is an appeal from a post-judgment order requiring a lawyer who represented a defendant in a civil action to divulge the client's address in aid of execution following the entry of final judgment. We reverse. The lawyer-client privilege is codified in section 90.502, Florida Statutes (1979) and enables the lawyer to claim the privilege on behalf of the client to refuse to disclose the contents of a confidential communication....

...The Florida Code of Professional Responsibility mandates that a client's matters remain confidential, except in limited circumstances. R. Regulating Fla. Bar 4-1.6. The trial court admitted that there is no authority for the disclosure ordered either in the Rules Regulating the Florida Bar, or in the Florida Evidence Code. § 90.502, Fla....

...Possibly that is because other courts have not found the content of a will, under such circumstances, relevant to the case. Petitioner also argues and we agree that Compton's will in this case is protected from disclosure and surrender during her lifetime, by the attorney-client privilege. § 90.502(2), Fla....

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

...Once the attorney-client relationship is established, all confidential communications are privileged. ( Schetter *477 v. Schetter, 239 So.2d 51 (Fla. 4th DCA 1970).) The element of confidentiality has been retained in the new Florida Evidence Code, which becomes effective July 1, 1977. See § 90.502, Florida Statutes (1976 Supplement)....

...ng), while the governmental agency in the instant case was performing a public function (the investigation into violation of the state's insurance code). [1] Appellee also asserts that the documents in question are exempt from disclosure pursuant to section 90.502, Florida Statutes. In City of North Miami v. Miami Herald Publishing Co., 468 So.2d 218 (Fla.1985), the court determined that section 90.502, Florida Statutes, did not provide a broad-based exemption from the public records law....

...We, therefore, reverse the decision of the trial court to exempt from disclosure records obtained lawfully by the government during the course of an investigation, but specifically note we are not ruling on the ultimate admissibility of these records under section 90.502 in pending or subsequent litigation between appellant and appellee....

...asserted that the examination under oath "was taken as part of FFB's investigation of the alleged incident." FFB also noted that the examination "was taken in part to determine whether the insurer, FFB, might deny coverage or reserve its rights[.]" Section 90.502, Florida Statutes (2006), provides that communications between a client and a lawyer for the purpose of the client obtaining legal services or the lawyer rendering legal services are privileged, with narrow exceptions....

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

...Freid was appointed for this purpose. The rule also provides that the appointed expert "shall report only to the attorney for the defendant and matters related to the expert shall be deemed to fall under the lawyer-client privilege." The privilege is codified at section 90.502(2), Florida Statutes (1993), which provides that a client, such as Mr....

...and the privilege is of statutory origin in every state in which it obtains." Fla. Power & Light Co. v. Bridgeman, 133 Fla. 195, 182 So. 911, 919 (1938) (citation and internal quotation marks omitted). The Florida Legislature, by passage of sections 90.502, 90.503, and 90.507, Florida Statutes (1995), has since provided for the lawyer-client, psychotherapist-patient privileges and the waiver of these privileges....

...leged. Snyder v. Value Rent-A-Car, 736 So.2d 780 (Fla. 4th DCA 1999). Our review of the claim of attorney-client privilege is de novo. We have reviewed the documents in question and find that they are protected by the attorney-client privilege under section 90.502, Florida Statutes (2002)....

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

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

...Certiorari relief will be granted only in "those situations where `there has been a violation of a clearly established principle of law resulting in a miscarriage of justice.'" Pettis, 520 So.2d at 254 (quoting Combs v. State, 436 So.2d 93, 96 (Fla. 1983)). III. The Basis for the Lawyer-Client Privilege Section 90.502(2), Florida Statutes (2005), provides that "[a] client has a privilege ....

.... 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. " (Emphasis added.) Under section 90.502(1)(b), 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." (Emphasis added.) The statute makes clear that the lawyer-client privilege only applies to communications if they "were made in the rendition of *621 legal services to the client." § 90.502(2)....

...A person cannot be considered a client and therefore cannot obtain the protection of the lawyer-client privilege unless the person either "consult[ed] a lawyer with the purpose of obtaining legal services" or was "rendered legal services by a lawyer." § 90.502(1)(b)....

...endant's home, the defendant never asked for any legal advice and Kelly never gave any legal advice. The defendant did not "consult" Kelly "with the purpose of obtaining legal services," and Kelly did not "render[ ] legal services" to the defendant. § 90.502(1)(b). The defendant's statements to Kelly that the defendant intended to kill his wife were not "made in [connection with] the rendition of legal services to" the defendant. § 90.502(2). In ruling that the statements made by the defendant to Kelly were subject to the lawyer-client privilege, the trial court failed to apply the clear—and clearly applicable—provisions of sections 90.502(1)(b) and 90.502(2)....

...Conclusion The State's petition is granted, the writ is issued, and the order on review is quashed. Petition granted. CASANUEVA, J., Concurs. SILBERMAN, J., Concurs specially with opinion. *622 SILBERMAN, Judge, Specially concurring. I concur in the majority opinion. I also note that section 90.502(4), Florida Statutes (2005), states as follows: "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 kn...

...First, they have different sources—work product immunity is governed by rule and is designed to facilitate litigation. The attorney-client privilege is the oldest confidential communication privilege known in the common law and is now codified by statute and contained in the Evidence Code, section 90.502, Florida Statutes (2007)....

...See generally, The Elastic Contours of Attorney-Client Privilege and Waiver in Context of Insurance Company Bad Faith: There's a Chill in the Air, 34 Seton Hall L. Rev. 513 (2004), cf. Adega v. State Farm Fire and Cas. Ins. Co., 2008 WL 1009719 (S.D.Fla. Apr. 9, 2008). 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....

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

...Shortly after the Wait decision, however, the Florida Evidence Code took effect. The Code creates a statutory lawyer-client privilege and defines client as "any person, public officer, corporation, association, or other organization or entity, either public or private, who consults a lawyer..." Fla.Stat. § 90.502(1)(b) (emphasis added)....

...tled. The legislature did just that when it passed the Evidence Code and recognized "public" entities as "clients" that have "a privilege to refuse to disclose, and to prevent any other person from disclosing" lawyer-client communications. Fla.Stat. § 90.502....

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

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

...We determined that if the tapes were in *1264 Joseph's hands, forced production of them would amount to a compelled incriminating testimonial communication because his possession of the tapes would implicate him in their making, a potential violation of the law. Relying on both Fisher and section 90.502, Florida Statutes, we held that because the tapes were entitled to Fifth Amendment protection in the hands of the client, the attorney-client privilege also protected them in the hands of the attorney....

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

...Donlon obtained, or was privy to, confidential communications when formulating his opinion. The record, however, does not suggest that Dr. Donlon received any confidential communications from the client, who is the one protected by the privilege. See § 90.502(2), Fla....

...ng provision of the Constitution, or, since exceptions to the Sunshine Law may be created only by "the Constitution," Section 286.011(1), Florida Statutes (1981), by the attorney-client privilege arguably granted municipalities by the Evidence Code. Section 90.502, Florida Statutes (1981)....

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

...See Garner, 430 F.2d at 1104. Such a situation is closely analogous to the situation "in which the same attorney acts for two or more parties having a common interest [and] neither party may exercise the privilege in a subsequent controversy with the other." Id. at 1103; see § 90.502(4)(e), Fla....

...That is, the issue of whether the trial court was correct when it originally determined that the privilege did not apply is not germane to our current review. [5] The purpose of the privilege is to bar the disclosure of information; it is not a test of admissibility. See § 90.502(2), Fla....

...h the State in 1991. However, it was not the State who sought to assert the privilege at Mordenti's third trial in 2005; it was attorney Trevena. Furthermore, the State did not have the authority to waive or assert the attorney-client privilege. See § 90.502(3), Fla....

...[6] Because the State was the party that sought the ruling originally, an argument can be made that the State should now be collaterally estopped from arguing that the privilege should bar the use of the testimony at the retrial. However, the State does not have standing to assert the privilege. See § 90.502(3)....

...uring the negotiations of the prenuptial agreement testified below is also without merit as questioning was limited to issues such as how she was retained, identification of "working drafts" of the agreement, and the process of the negotiations. See § 90.502(1)(c), Fla....

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

...nts of the Public Records Act, at least within the limits prescribed by Tober v. Sanchez, 417 So.2d 1053 (Fla. 3d DCA 1982), review denied mem., 426 So.2d 27 (Fla. 1983). The petitioner's argument that certain of these documents are privileged under section 90.502, Florida Statutes (1981), has been addressed and disposed of by this court in Miami Herald Publishing Co....

...896 (S.D.Fla.1990); In re Pierre, 198 B.R. 389 (Bankr.S.D.Fla. 1996). I. The Documents in Dispute Are Not Subject to the Attorney-Client Privilege. In Florida, the privilege afforded to the communications between an attorney and his client is set forth in section 90.502 of the Florida Statutes. The scope of the attorney-client privilege is measured by this statutory directive. Specifically, at issue in this case, is § 90.502(4)(e). Section 90.502(4)(e) states that there is no lawyer-client privilege when: 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 lawy...

...ity among the various companies in the Transmark family." Id. As such, the court held that the attorney-client privilege could not be asserted because the material in question met the statutory exception to the attorney client privilege contained in § 90.502(4)(e)....

...During the time in which the Defendants represented these parties, documents prepared by the Defendants on the parties behalf were clearly privileged as to third parties. However, the Debtor now seeks to waive this privilege, and possibly offer these documents at a civil proceeding as contemplated by § 90.502(4)(e). From this *539 Court's reading of the statute, it appears that the documents in question meet the statutory exception to the attorney-client privilege contained in § 90.502(4)(e)....

...sh. The use of just one lawyer appears both economical and pragmatic. However, as this case further demonstrates, there is an undeniable need for separate counsel. In the event of litigation between or among the joint clients, under Florida Statutes § 90.502(4)(e) the attorney-client privilege will no longer apply....

...While the Court does not pass judgment on the ethical considerations raised by the case sub judice, it is suffice to say that similarly situated attorneys should heed caution when jointly representing their clients. CONCLUSION For the reasons stated in this Opinion, the Court finds that under Florida Statutes § 90.502(4)(e) the documents and files in dispute are not subject to the attorney-client privilege....

...We are of the view that no privilege attaches to a communication consisting of the attorney's recitation of the language of the statute. The statement made by the claimant's attorney advising claimant of statutory work search requirements is not in our view a "confidential communication" within the purview of section 90.502, Florida Statutes....

...Section 119.07 only pertains to disclosure of public records. It does not cover oral testimony. Accordingly, the petition is granted as to that portion of the order because the State's representatives are exempted under the attorney/client privilege, pursuant to section 90.502, Florida Statutes (1990), from giving *3 depositions on the Pepsi-Cola matter and that portion of the order is quashed....

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

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

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

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

...Counsel for Royco prepared a privilege log, asserting lawyer-client privilege with respect to the two letters from Landis to Royco. The trial court reviewed the two letters in camera and a letter memorandum from Royco addressing the asserted privilege. The letter referenced section 90.502, Florida Statutes (2003), and cited Southern Bell Telephone and Telegraph Co....

..."An order which improperly compels discovery of information privileged pursuant to the attorney-client privilege is reviewable by certiorari." United Servs. Auto. Ass'n v. Crews, 614 So.2d 1213, 1213 (Fla. 4th DCA 1993). However, upon review of the response and the appendices *588 submitted to this court, we deny the writ. Section 90.502, Florida Statutes (2003) addresses lawyer-client privilege. It not only sets the parameters for what communications are privileged, but it also lists circumstances in which the privilege does not exist. See § 90.502(4), Fla....

...than attorney-client advice. Nevertheless, the trial court determined the letters to be privileged. The trial court then reviewed the letters in light of Pachter's allegations of breach of fiduciary duty, finding an exception to the privilege under section 90.502(4)(c), Florida Statutes (2003) ("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 the client or by the client to the lawyer, arising from the lawyer-client relationship."). Ultimately relying on the crime-fraud exception to the attorney-client privilege, the court ordered production of the two letters. See § 90.502(4)(a), Fla....

...breach of fiduciary duty. When petitioner objected to his deposition being taken, asserting the attorney-client privilege, the trial court ruled that the privilege did not bar his being deposed because of the crime/fraud exception to the privilege. Section 90.502(4), Florida Statutes (2002) provides that there is no attorney-client privilege where the lawyer's services were utilized for the commission of a crime or fraud....

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

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

...Haas was a witness to the signatures on the quitclaim deeds. The Petitioners contend that the circuit court erred in ordering them to disclose this letter, because the letter is protected by the attorney-client privilege. The circuit court based its holding on section 90.502(4)(d), Florida Statutes (2002), which provides that the attorney-client privilege does not apply when the "communication is relevant to an issue concerning the intention or competence of a client executing an attested document to which the lawyer is an attesting witness, or concerning the execution or attestation of the document." We conclude that the circuit court erred in ordering the production of this letter based on section 90.502(4)(d), because this exception to the attorney-client privilege does not apply here....

...ain claim file documents will not bar their production. Ruiz, 899 So.2d at 1131. However, that decision did not add a first-party bad faith exception to the statutory protection of confidential communications between attorneys and their clients. See § 90.502(4), Fla....

...First, they have different sources—work product immunity is governed by rule and is designed to facilitate litigation. The attorney-client privilege is the oldest confidential communication privilege known in the common law and is now codified by statute and contained in the Evidence Code, section 90.502, Florida Statutes (2007)....

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

...delivered to his attorney, Gregory Mierzwinski (Mierzwinski). Eckerd seeks production of the memorandum pursuant to a subpoena issued on September 12, 1997. Benware claims that the document is protected by the attorney-client privilege set forth in Section 90.502 of the Florida Statutes....

...the table into Mr. Mierzwinski's files, and read upside down the fact that there was a memorandum from Mr. Benware to Mr. Mierzwinski" contained in the file. Benware contends that the memorandum was a confidential communication within the meaning of Section 90.502(1)(c) of the Florida Statutes, and that the memorandum is protected by the attorney-client privilege set forth in Section 90.502(2) of the Florida Statutes....

...to a tenancy by the entirety. Further, the standard for evaluating the crime-fraud exception under Florida state law [2] is generally the same as the standard under federal law. The Florida Evidence Code is contained in Chapter 90, Florida Statutes. Section 90.502(2) defines the lawyer-client privilege, and section 90.502(4)(a) provides a crime-fraud exception....

...vilege 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....

...wyer and client . . . 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....

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

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

...t destroying the concept of confidentiality.[3] 2 Similar language regarding the confidentiality of communications made in the presence of certain third parties can be found in many of the Florida privileges, i.e., lawyer-client privilege (§ 90.502(1)(c)1., 2.), sexual assault counselor-victim (§ 90.5035(1)(e)1., 2., 3.), domestic violence advocate-victim (§ 90.5036(1)(d)1., 2.), clergy (§ 90.505(1)(b)), and accountant-client (§ 90.5055(1)(c)1., 2.)....

...expert witness. The petition for writ of certiorari is granted, and the order under review is quashed. WEBSTER and ROBERTS, JJ., concur. NOTES [1] The order under review does not reject this uncontroverted testimony. [2] The privilege is codified in section 90.502(2), Florida Statutes (2008): "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." Pursuant to section 90.502(1)(c), Florida Statutes (2008), "[a] communication between lawyer and client is `confidential' if it is not intended to be disclosed to third persons other than: 1....

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

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

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

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

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

...Reeves in both proceedings. When a real estate transaction or business arrangement collapses, it is sometimes necessary for lawyers to disclose information in litigation that their clients might otherwise keep inviolate under the lawyer-client privilege. See § 90.502, Fla....

...It is apparent that many of the documents he prepared prior to mid-August 1983 were communications that he and the Haters intended for disclosure to FFD. Thus, his file undoubtedly contained many documents that were not subject to the lawyer-client privilege in this specific action. § 90.502(1)(c), Fla....

...Defendants claim they owed no duty to Plaintiff due to the lack of an attorney-client relationship between the parties. A legal relationship depends on the intent of the "client," not on the actions of the lawyer. Dean v. Dean, 607 So.2d 494 (Fla. 4th DCA 1992). Section 90.502(1)(b), Florida Evidence Code, defines "client" as any person "who consults a lawyer with the purpose of obtaining legal services or who is rendered legal services by a lawyer." In this instance, a factual dispute exists as to whether D...

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

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

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

...ts only between the department and the program attorney); Family Law Rule 12.040(c)(2) (directs any attorney appearing in a case involving a Title IV-D recipient to inform the recipient that the attorney represents the agency and not the recipient); § 90.502(5), Fla....

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

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

...rmation to demonstrate that Dr. Brannon perpetuated a fraud or obstructed justice when he testified in respondent’s criminal case. Petitioners argued to the trial court that the communication was protected as an attorney-client communication. § 90.502, Fla. Stat. (2015). Respondent countered that the crime-fraud exception precluded petitioners’ use of that privilege. § 90.502(4)(a)....

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

...Considering the claims as framed by the pleadings, petitioner has not waived the attorney-client privilege between herself and her former attorney. See Cuillo v. Cuillo, 621 So.2d 460 (Fla. 4th DCA 1993); Jenney v. Airdata Wiman, Inc., 846 So.2d 664, 668 (Fla. 2d DCA 2003). We recognize that section 90.502(4), Florida Statutes (2008), outlines five situations where there is no attorney-client privilege, but find that respondent has not demonstrated that any of those apply in this case....

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

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

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

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

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-

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

...expert and attorney would violate the attorney-client privilege). The fact that H.A.W. had been adjudicated delinquent and sentenced before the court ordered defense counsel to release the evaluation does not waive H.A.W.'s privileges under sections 90.502 and 90.503....

...Accordingly, we affirm the order determining H.A.W. to be delinquent but quash the order requiring his counsel to furnish the Department of Health and Rehabilitative Services with his psychological evaluation. DAUKSCH and PETERSON, JJ., concur. NOTES [1] Section 90.502(2), Florida Statutes (1993) 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....

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

...Insofar as it is directed to the adequacy of the Circuit’s response, the petition for writ of mandamus is denied. Withheld Records The Circuit withheld production of 14 e-mails, citing Florida Rules of Judicial Administration 2.420(c)(1) and 2.420(c)(7), and section 90.502, Florida Statutes (2014) pertaining to the attorney-client privilege. -2-  The e-mails in question qualify as “administrative records” within the meaning of Rule of Judicial Administratio...

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

...hearing at which he shall be heard and shall have the right to cross-examine witnesses. See Giddins v. Giddins, 151 So. 3d 54, 55 (Fla. 1st DCA 2014) (reversing for hearing to satisfy due process requirements that party have opportunity to be heard and call witnesses). See also § 90.502(4)(c), Fla....

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

...lege 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....

...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....

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

...Harrell, of Reinman, Harrell, Silberhorn, Moule & Graham, P.A., Melbourne, for respondent. DAUKSCH, Judge. This matter is before us as a petition for writ of certiorari. Petitioner seeks to have us quash a discovery order on the basis that the discovery sought is protected by the lawyer-client privilege. § 90.502, Fla....

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

...t respondent sought was opinion work product, which is absolutely immune from discovery. 12  IV. Attorney-Client Privilege The attorney-client privilege is set forth in section 90.502(2), Florida Statutes, which 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 communicatio...

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

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

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

...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[, Florida Statutes] that allows the discovery of attorney-client privileged communications where the requesting party has demonstrated need and undue hardship. Id....

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

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