Civil Litigation
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Total Depositions Cases: 3
The disqualification of counsel is an extraordinary remedy. In a case where an attorney has acquired access to information or records of opposing counsel falling under the attorney-client privilege and the information was not acquired through deliberate or surreptitious means, counsel will not be disqualified unless the court determines counsel has gained an unfair informational advantage.
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Documents were deemed discoverable even though the documents were from an unrelated case, were under seal and subject to a confidentiality agreement. The confidentiality agreement provided the documents could be unsealed if so ordered by any court and the Fifth District Court of Appeal held that the Florida court order was sufficient to compel production of the California documents.
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O
27 Fla. L. Weekly D1310 (Fla. 3rd DCA June 14, 2002)
2002-06-14
DEPOSITIONS
Section 57.105, Florida Statutes, does not grant a judge the authority to review whether attorney fees paid to a third party to a multi-suit, multi-party, litigation are equitable.
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