The Florida Bar

Ethics Opinion

Opinion 74-7

June 14, 1974
Advisory ethics opinions are not binding.
Whether an attorney should assert the lawyer-client privilege in a supplemental proceeding after
an unsatisfied judgment is a matter for the attorney and client to decide, and for the trial court to
determine. Therefore, no advisory opinion is issued.
Vice Chairman Daniels stated the opinion of the Committee:
Lawyer A represents a client who has an unsatisfied judgment against
Lawyer B. In supplemental proceedings, Lawyer A has sought information
regarding clients who owe B money, and a list of pending cases in which B
appears as counsel of record. Lawyer A asks whether the information sought
“would be an invasion of the attorney-client relationship.”
Since the inquiry does not relate to the inquiring lawyer’s own conduct, the Committee
does not have jurisdiction to answer the inquiry. Whether any privilege should be asserted is for
Lawyer B and his clients to decide in the first instance. Then it will be for the trial court to
determine the extent, if any, to which the privilege should be upheld.