4D08-335-Proskauer Rose, LLP v. Boca Airport, Inc.

State: Florida

Court: Florida Fourth District Court

Docket No: 4D08-335

Case Date: 07/02/2008

Preview:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
January Term 2008

PROSKAUER ROSE LLP, a New York limited liability partnership, Petitioner, v. BOCA AIRPORT, INC., d/b/a BOCA AVIATION, a Florida corporation, Respondent. No. 4D08-335 [July 2, 2008] PER CURIAM. Proskauer Rose LLP petitions this court for a writ of certiorari to review orders that compel disclosure of information protected by the attorney-client and work product privileges. We grant the petition and quash the trial court's orders. Boca Airport, Inc., d/b/a Boca Aviation, filed a complaint against a law firm, Proskauer Rose LLP, alleging legal malpractice. During his deposition, one of the partners of the firm, Christopher Wheeler, indicated that he met with the attorney representing the firm earlier that week and reviewed certain documents counsel had selected to prepare him for the deposition. Counsel had highlighted and made notations on portions of the documents. Wheeler also reviewed a couple of summaries prepared by counsel that included a chronology of important dates and counsel's impressions of certain issues in the case. In response to questions from Boca Aviation, Wheeler agreed that reviewing these documents helped him remember the events better than he did before reading the documents as the events in issue had occurred seven to nine years before the lawsuit. However, he did not review any of the documents during his deposition. Boca Aviation moved to compel production of the documents Wheeler had reviewed before the deposition. The motion noted that if a witness refers to documents to refresh his memory while testifying, the adverse party is entitled to inspect the items and to cross-examine the witness about them.

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