How Florida Affirmed Fiduciaries' Lawyer-Client Privilege

Law360 (April 5, 2018, 12:21 PM EDT) -- One of the cornerstones of the legal system in America is the lawyer-client privilege, which allows clients to speak freely and frankly with their lawyers without concern that those discussions will be used against them. With few exceptions, the client holds the right to prevent his or her lawyer from disclosing the contents of their confidential communications.

The state of Florida has recognized the lawyer-client privilege as part of its common law, and first codified the privilege by statute in 1976.[1] However, the nature of the relationship between a fiduciary and a beneficiary created significant doubt in Florida as to whether...

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