Lawyer-Client Privilege

The Lawyer-Client Privilege is long recognized in criminal courts in Florida. The client has the privilege to refuse to disclose confidential communications when the communications were made when rendering legal services to that client. The privilege can be claimed by the client, the client’s guardian, the personal representative of a dead client, and the lawyer on behalf of the client.

There is no Lawyer-Client Privilege if:

1. The services of the attorney were obtained to aid anyone to commit a crime.

2. The communication is relevant to an issue brought out by people who have made a claim through a dead client.

3. A communication is relevant as to whether or not the lawyer breached a duty to the client.

4. A communication is relevant to the competence of a client to execute a document in which the lawyer was a witness.

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