Privileges

Question 1

How is the FL lawyer-client privilege different from the federal privilege?

Answer 1

At federal law, the lawyer-client privilege is a common law privilege. In FL, it’s STATUTORY

Question 2

What is the purpose of the lawyer-client privilege?

Answer 2

to prevent the lawyer from testifying against the client

Question 3

When can a lawyer claim the lawyer-client privilege?

Answer 3

When he is claiming it on behalf of the client

Question 4

Under the sunshine law, are meetings of any board of commissions or agencies subject to lawyer-client privilege?

Answer 4

No, because they must be open to the public

Question 5

What is FL’s physician-patient privilege?

Answer 5

FL doesn’t have a physician-patient privilege. Instead, the relationship is CONFIDENTIAL, not privileged.

Question 6

What is the FL rule on patient medical records?

Answer 6

Medical records may be furnished w/o authorization upon the issuance of a subpoena in a civil or criminal action IF:

(1) proper notice is given to the patient and
(2) the patient’s legal representative by the person seeking the records

Question 7

What is the FL psychotherapist-patient privilege?

Answer 7

The patient can refuse to disclose and prevent anyone from disclosing confidential communications or records made for the purpose of diagnosing or treating their mental condition

Question 8

Does FL have a spousal immunity privilege?

Answer 8

NO

Question 9

In FL, when does the marital communications privilege NOT apply?

Answer 9

(1) in a proceeding brought by one spouse against the other;
(2) in a criminal proceeding where one spouse is charged with a crime committed at any time against the person or property of the other spouse or either spouse’s child; and
(3) in a criminal proceeding where the communication is offered by a D spouse who is one of the spouses b/w whom the communication was made

Question 10

What is the FL journalist privilege?

Answer 10

Professional journalists have a privilege not to disclose and not to be a witness concerning the information that the professional journalist has obtained while actively gathering news. Privilege extends to the identity of any source.

Question 11

How can the journalist privilege be overcome?

Answer 11

By a showing that:

(1) the information is relevant and material to unresolved issues;
(2) the information cannot be obtained from an alternative source; and
(3) a compelling interest exists for requiring disclosure

Question 12

What is the FL sexual assault counselor-patient privilege?

Answer 12

Victims of sexual assault or sexual battery have a privilege to refuse to disclose, and to prevent anyone else from disclosing, a confidential communication made by the victim to a sexual assault counselor or trained volunteer

Question 13

Who can claim the FL sexual assault counselor-patient privilege?

Answer 13

the victim or the victim’s attorney on the victim’s behalf, a guardian, conservator, personal representative (if the victim is deceased), and the sexual counselor or trained volunteer on the victim’s behalf

Question 14

What is test for disclosure for the FL sexual assault counselor-patient privilege?

Answer 14

FL created a test for disclosure that requires an in camera review by the judge. Must show a reasonable probability that the privileged matter contains information that is necessary to the defense

Question 15

What is the FL domestic violence advocate-victim privileged?

Answer 15

Protects confidential communications made by the victim to a domestic violence advocate or any record made in the course of advising, counseling, or assisting the victim
Disclosure is allowed to the extent necessary to accomplish the purpose for which the DV consultant has been raised

Question 16

What is the religious privilege?

Answer 16

If you seek counseling on a matter that is related to the relationship based on faith, and disclose something, that disclosure is confidential

Question 17

What is the FL accountant-client privilege?

Answer 17

A person who consults an accountant for the purpose of obtaining accounting services has a privilege to refuse to disclose, or to prevent another person from disclosing, the contents of confidential communications with an accountant, when such other person learned of the communications because they were made in the rendition of accounting services to the client

Question 18

When is a communication b/w an accountant and client confidential?

Answer 18

If it’s not intended to be disclosed to third parties

Question 19

When does the accountant-client privilege not apply?

Answer 19

When the accountant’s services were sought or obtained to enable or aid anyone to commit or plan to commit when the client knew or should have known was a crime or fraud

Question 20

What is the FL accident report privilege?

Answer 20

In FL, a person involved in a car accident must file an accident report w/ the Dept of Highway Safety & Motor Vehicles unless an investigating officer makes a written report. This report made by a person involved in a crash and any statement made by that person to an officer for the purpose of completing an accident report may not be used as evidence at a civil or criminal trial

Question 21

In FL, can a privilege be overcome?

Answer 21

In a civil case or proceeding where a party claims a privilege as to a communication necessary to an adverse party, upon motion, the court may dismiss the claim for relief or the affirmative defense to which the privileged testimony relates.
The court has the ability to conduct an in camera inquiry of the privileged communication in making its determination