La Cava & Jacobson, P.A.

Jason Azzarone was successful in arguing to the Fifth District Court of Appeal

Jason Azzarone was successful in arguing to the Fifth District Court of Appeal that the Trial Court erred in compelling the Defendant to produce documents in Sedgwick Claims Management Services, Inc., v. Feller, 163 So.2d 1252 (Fla. 5th DCA 2015). In its order, the Trial Court overruled the Defendant’s objections that the materials were protected by the attorney-client and work product privileges. The Trial Court also held that the attorney-client privilege had been waived. The Fifth District Court of Appeal disagreed. Finding certiorari relief to be appropriate, the Court reversed, opining that the subject documents could still be protected work product even though they were prepared in a different case. The Court further found that the Trial Court erred in finding the attorney-client privilege inapplicable without conducting an in camera inspection. Finally, the Court disagreed with the Trial Court, finding that the attorney-client privilege was not waived by counsel’s statements or by the filing of a privilege log that the trial court viewed as containing insufficient detail.