Attorney Client Privilege With Former Employees In Hillsborough
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FAQ
Under the “Reporting Professional Misconduct” rule, Rule 4-8.3, an attorney is obligated to report another attorney's misconduct if the attorney has actual knowledge of a misconduct that raises a substantial question as to the offending attorney's “honesty, trustworthiness, or fitness as a lawyer in other respects.” ...
CRIME/FRAUD EXCEPTION: Pursuant to §90.502(4)(a), there is no attorney-client privilege when 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.
Key Provisions of Rule 4-4.2 Prohibition of Communication: Attorneys are prohibited from directly contacting a represented person about the subject matter of the representation without the consent of the represented person's counsel.
Exceptions to Spousal Privilege in Florida In Florida, the marital privilege does not apply in criminal cases where one spouse is charged with a crime against another. Additionally, communication intended to commit fraud does not benefit from spousal privilege.
There are three primary occasions when solicitor‑client privilege may be overruled, namely when innocence at stake is engaged, the client's communications are themselves criminal, or it is necessary to protect public safety. Any piercing of privilege should be considered an "extraordinary measure."
