Becker & Poliakoff

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“Not Every Communication With Your Attorney Is Privileged” – Daily Business Review

The attorney-client privilege is one of the oldest privileges in the law. The privilege started out as a common law right but has since been codified in the Florida Evidence Code. As a general matter, the privilege protects private conversations between attorneys and their clients. But just because a conversation involves an attorney does not […]

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“Common Interest Is Broader Than You May Think” – Daily Business Review

Generally speaking, private conversations between an attorney and client are privileged and their contents cannot be discovered. The same is true with respect to an attorney’s work product and his mental thoughts and impressions. These privileges are so engrained in the law that Florida has codified them at Florida Statute Section 90.502 (attorney-client privilege) and […]

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“Don’t Let the Expert’s Communications Become Discoverable” – Today’s General Counsel

For attorneys practicing in Florida state and federal courts, a typical litigation consists of two discovery phases: fact discovery and expert discovery. Most litigators are familiar with fact discovery and what must and must not be disclosed under the applicable rules of procedure. For example, communications between a client and the client’s attorney can be […]

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“Why Remote Depositions Are Likely Here To Stay” – Law360

While many courts have held telephonic hearings for years, depositions have historically been conducted in person. The reasons for this are self-evident. First, an attorney taking a deposition will often want to use exhibits, and those exhibits will need to be shared with and manipulated by the deponent and the deponent’s counsel. Second, an attorney […]

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