S&I Investments v. Payless Flea Market
10 So. 3d 699 (Fla. 4th DCA 2009) (May)
The district court held that a client has waived attorney-client privilege when he or she is deposed by a former attorney as part of a suit between them. The former attorney was suing the client in this matter, and the district court held that attorney-client privilege does not exist when the two parties are on opposing sides of an action and the client has retained other counsel. Also, when one of those parties has asserted a breach of duty against the other, there is no attorney-client privilege as to the communications relevant to that breach.