Statutory Basis: Florida's attorney-client privilege is primarily codified under Section 90.502 of
the Florida Statutes, which outlines the general rule that confidential communications between
an attorney and client are privileged and protected from disclosure.
Scope of Privilege: The privilege applies to confidential communications made between the
attorney and client for the purpose of seeking or providing legal advice. It covers oral and written
communications, as well as nonverbal conduct intended to be confidential.
Exceptions: Florida law recognizes certain exceptions to attorney-client privilege. For example,
the privilege may not apply if the communication was made to further a crime or fraud or if the
client puts the legal advice itself at issue in the case.
Work Product Privilege:
Work product privilege safeguards the materials prepared by an attorney in anticipation of
litigation from disclosure. In Florida, work product privilege is primarily governed by Rule 1.280
of the Florida Rules of Civil Procedure. Here are some key aspects of work product privilege in
Protection of Materials: The work product privilege protects documents, tangible things, and
mental impressions of an attorney or their representative prepared in anticipation of litigation or
Scope of Protection: The privilege extends to both factual and opinion work product. Factual
work product includes documents and information gathered in the course of litigation
preparation, while opinion work product consists of an attorney's mental impressions,
conclusions, opinions, or legal theories.
Exceptions: Work product privilege in Florida is subject to certain exceptions. For instance, the
privilege may be waived if the work product is shared with or relied upon by others outside the
attorney's office, or if the requesting party can demonstrate substantial need and undue
hardship in obtaining the information by other means.
Common Interest Privilege:
Common interest privilege, also known as joint defense privilege or allied attorney privilege,
allows parties with a shared legal interest to share privileged information without waiving the
attorney-client privilege. In Florida, common interest privilege is recognized by the courts based
on common law principles. The key aspects of common interest privilege in Florida include:
Shared Legal Interest: The privilege applies when parties with a common legal interest, such as
co-defendants in a lawsuit or parties engaged in a joint venture, share confidential information
with their respective attorneys for the purpose of furthering their shared legal interest.
Confidentiality Requirement: To maintain the common interest privilege, the shared information
must remain confidential and be exchanged in the context of a confidential relationship.
Application: Florida courts have recognized the common interest privilege in both civil and
criminal cases, allowing parties with a shared legal interest to communicate and exchange
information without fear of waiving the attorney-client privilege.