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Are your business records really confidential and privileged?

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Normally your business records are confidential and protected from disclosure to others.  Privileged records are entirely different and are generally protected from disclosure.  There are a number of recognized privileges for protection of documents under common law and the Florida evidence code, such as your attorney-client documents, your doctor-patient documents and your accountant-client documents.

However, documents that are protected under privilege and documents that are normally confidential, may become discoverable in litigation if they are relevant to the litigation. [See, Friedman v. Heart Institute of Port St. Lucie, Inc., 863 So. 2d 189, 194 (Fla. 2003) and In Re Estate of Sauey, 869 So. 2d 664 (Fla. 4th DCA 2004)]

We at the Hogan law firm believe that preventative efforts should be made to protect your business records and we stand ready to advise you of how  best to accomplish that protection.