Nelson v. State
Defense counsel was subpoenaed to produce recordings, billing records, and phone numbers and to sit for a deposition; the trial court denied motions for protective order and to quash. The Third DCA held the documents were at most fact work product properly compelled on a showing of need and inability to obtain the substantial equivalent (with redaction of mental impressions permitted), but quashed the portion of the order compelling deposition testimony because the State failed to establish that the client — not the attorney — waived the attorney-client privilege.
Key facts
- Defense counsel was subpoenaed to produce recordings, billing records, phone numbers, and to sit for a deposition in a criminal prosecution.
- The trial court denied the defense's motions for protective order and to quash the subpoena.
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Why it matters
Although arising in a criminal prosecution, the opinion states generally applicable Florida privilege law useful in civil discovery fights: waiver must be proven against the client, not inferred from counsel's own… — full analysis with a trial
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