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Discovering E-Discovery: Privilege/Work Product

Privilege: Statutes

Fla. Stat. § 90.502: Lawyer-client Privilege

Privilege: Cases

Upjohn Co. v. U.S., 449 U.S. 383 (1981) (attorney-client privilege)
Catton v. Defense Tech. Sys. Inc., 2007 WL 3406928 (S.D.N.Y. 2007) (crime-fraud exception)
Gucci America, Inc. v. Guess? Inc., 2011 WL 9375 (S.D.N.Y. 2011) (inactive member of Cal. bar)
In re Initial Public Offering Securities Litigation, 249 F.R.D. 457 (S.D.N.Y. 2008) (inadvertent disclosure)
Denney v. Jenkins & Gilchrist, 362 F.Supp.2d 407 (S.D.N.Y. 2004) (disclosure by counsel)
Pensacola Firefighters Relief Pension Fund Bd. of Trustees v. Merrill Lynch (N.D. Fla. 2011) (joint defense agreement)
City of North Miami, 468 So.2d 218 (1985)

Work Product: Cases

Sedona Conference Commentary on Protection of Privileged ESI

Sedona Conference Commentary on Protection of Privileged ESI

Secondary Sources

Attorney-Client Privilege: State Law - Florida

I. What Is Protected by the Privilege?

§ 5:1. Communications protected, not information§ 5:1. Communications protected, not information

CollapseII. Whose Communications Are Protected?II. Whose Communications Are Protected?II. Whose Communications Are Protected?

§ 5:2. Direct protection for client to attorney communications; derivative protection for attorney to client communications§ 5:2. Direct protection for client to attorney communications; derivative protection for attorney to client communications
§ 5:13. Implications of derivative protection--Discovery from attorney; pre-existing documents communicated to attorney§ 5:13. Implications of derivative protection--Discovery from attorney; pre-existing documents communicated to attorney
§ 5:15. Preparatory communications§ 5:15. Preparatory communications
§ 5:16. Cooperative communications§ 5:16. Cooperative communications

CollapseIII. Forms of CommunicationIII. Forms of CommunicationIII. Forms of Communication

§ 5:18. Pre-existing documents; copies of business correspondence§ 5:18. Pre-existing documents; copies of business correspondence
§ 5:19. Notes and interlineations on pre-existing privileged documents§ 5:19. Notes and interlineations on pre-existing privileged documents

CollapseIV. Relationship of Communication to Legal Advice SoughtIV. Relationship of Communication to Legal Advice SoughtIV. Relationship of Communication to Legal Advice Sought

§ 5:21. Communication must in general be necessary to obtain informed legal advice§ 5:21. Communication must in general be necessary to obtain informed legal advice

Secondary Sources

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