dadelstein@gmail.com

954-361-4720

Call Us For Free Consultation

Search
 
ProveMyFloridaCase.com > Posts tagged "work product"

Ruling on a Privilege Objection

When a party receives a discovery request, the party may assert an objection under a privilege such as the attorney-client privilege or work product doctrine.  If a trial court orders the production of privileged materials, the appropriate appellate mechanism is to file a petition for a writ of certiorari.  Brinkmann v. Petro Welt Trading, 46 Fla.L.Weekly D1644a (Fla. 2d DCA 2021). Notably, a party is not “required to provide a privilege log when first responding to the requests for production and that the typical procedure was to hear the motion to compel and then to require a privilege log before the...

Continue reading

Appealing a Discovery Order Requiring the Production of Work Product

A party moves for a petition for a writ of certiorari when appealing a discovery order.  “To obtain a writ of certiorari, the petitioner must establish that the discovery order was a departure from the essential requirements of law resulting in a material injury that will affect the remainder of the proceedings below and the injury cannot be corrected on appeal.” Onward Living Recovery Community, LLC v. Mormeneo, 46 Fla.L.Weekly D637a (Fla. 3d DCA 2021).  One example of “material injury,” otherwise referred to as “irreparable harm” is when the trial court orders the production of work product material (protected material prepared...

Continue reading

Work Product Document and Withholding of Documents Based on Doctrine

When it comes to the protection of information in litigation, there are generally two doctrines that apply.  First, there is the attorney-client privilege.  Makes sense.  The second is what is known as the “work product” doctrine.  This doctrine stands for the proposition that what a party does in anticipation of litigation is protected from disclosure during discovery.  This could include a party’s legal or mental impressions, or strategic decisions and organization relative to a pending or ongoing dispute. Typically, when a document is withheld under either the attorney-client privilege or work product doctrine, it will be identified on a privilege log. ...

Continue reading
Contact Me Now

Prove YOUR Case!

Contact:

David Adelstein ♦

(954) 361-4720 ♦

dadelstein@gmail.com