Summary
holding that a judgment debtor's trust fund records are not protected by the attorney-client privilege because “[d]ocuments which are not privileged in the hands of the client cannot be shielded by transferring them to the attorney”
Summary of this case from Sweetapple, Broeker & Varkas, P.L. v. SimmonsOpinion
No. 82-173.
November 2, 1982.
Appeal from the Circuit Court, Dade County, Moie J.L. Tendrich, J.
Neil J. Berman, Miami, for appellant.
Lewis H. Fogle, Jr., Miami, for appellees.
Before HUBBART, C.J., and BARKDULL and NESBITT, JJ.
We reverse the trial court's order which denied discovery of a judgment debtor's trust fund records held by his attorney upon a holding that the attorney-client privilege does not extend to such records. Ashcraft v. Harvey, 315 So.2d 530 (Fla. 4th DCA 1975); Silverman v. Turner, 188 So.2d 354 (Fla. 3d DCA 1966). Documents which are not privileged in the hands of the client cannot be shielded by transferring them to the attorney. Ashcraft, supra.
Reversed and remanded.