Mullins v. Tompkins
15 So. 3d 798 (Fla. 1st DCA 2009) (July)
The trial court ruled a dentist in a malpractice case waived attorney-client privilege regarding
letters and other correspondence he had received from counsel when he sent them to his trial
expert. The district court revered this decision, holding that the simple act of sending this
correspondence to an expert was not sufficient to waive attorney-client privilege. The district court also relied on the fact that the expert testified that he had not read the correspondence
in question and that it in no way helped form the basis of his opinion.