Are your business records really confidential and privileged?

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.