The Shir Law Group, P.A. v. Carnevale
In a legal malpractice suit against a condominium-law firm, the trial court ordered a forensic examination of the firm's electronically stored information and adopted the plaintiffs' proposed protocol containing over 110 search terms, including 'Condo*'. The Third District granted certiorari in part, quashing the protocol order because such broad terms would sweep in vast amounts of irrelevant material and privileged documents of current and former clients, effectively granting 'carte blanche' to irrelevant discovery, and remanded for a narrowed term list.
Key facts
- The Shir Law Group, a condominium-law firm, was sued for legal malpractice by Carnevale.
- The trial court ordered forensic examination of the firm's electronically stored information and adopted the plaintiffs' proposed protocol containing over 110 search terms, including the broad term 'Condo*'.
- +2 more key facts with a free trial
Why it matters
This is a usable certiorari roadmap for resisting overbroad forensic ESI examinations, especially where the producing party is a law firm or professional whose files contain third-party privileged material. Counsel can… — full analysis with a trial
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