Thursday, March 17, 2011
The Florida Supreme Court has held that an order compelling production of the defendant insurance company entire litigation file by a trial court invaded the attorney-client privilege. The suit was initiated by a medical doctor after the insurance company had terminated monthly disability payments.
The trial court must conduct an in camera inspection of documents
to determine whether the sought-after materials are truly protected by the attorney-client privilege or whether the attorney was consulted to assist in the investigation or evaluation of the underlying claim... on remand, it is essential that an in camera inspection take place to discern whether the objected-to documents are discoverable under the principles we announce.