Burt v. Government Employees Insurance Co.
Burt v. Government Employees Insurance Co.
Opinion of the Court
The plaintiffs, husband and wife in this personal injury case, petition this court for a writ of certiorari to quash an order compelling the wife to answer certain questions at a deposition. Defendant’s counsel asked the wife two questions at her deposition: when did the wife obtain counsel and did counsel refer her to a particular physician. She refused to answer and asserted the attorney-client privilege. We grant the petition.
The contents of confidential communications between the attorney and client are privileged and not discoverable. See § 90.502, Fla.Stat. (1991); Upjohn Co. v. United States, 449 U.S. 383, 101 S.Ct. 677, 66 L.Ed.2d 584 (1981). Although the first question does not violate the attorney-client privilege in this instance, the second question seeks discovery of confidential communications constituting her attorney’s advice regarding this lawsuit. Such advice is not intended to be disclosed to third parties. The question does not elicit the
The petition for certiorari is granted, and the circuit court’s order is quashed in part.
Reference
- Full Case Name
- Linda BURT and Jesse L. Burt, Husband and Wife v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, a Corporation
- Cited By
- 12 cases
- Status
- Published