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Party's possession of allegedly privileged documents does not require disqualification, where those documents were voluntarily disclosed to someone else in different proceeding

    Counsel for Claimant in a workers' compensation case was disqualified from the litigation "for possession of documents deemed privileged."  Seeking to quash the disqualification order, Claimant petitioned the First DCA for a writ of certiorari.

    The appellate court granted the petition and quashed the disqualification order.  "The employer/carrier’s (E/C)motion to disqualify counsel contains statements that the E/C disclosed privileged documents to Claimant’s public defender in another proceeding.  The E/C has not argued that this disclosure was inadvertent.  The E/C’s voluntary disclosure of the documents waived the privilege.  See § 90.507, Fla. Stat. (2006).  Because the documents were no longer privileged, the JCC’s order disqualifying Claimant’s workers’ compensation counsel below departed from the essential requirements of law."  Walker v. River City Logistics, Inc., __ So.3d ___ (Fla. 1st DCA, No. 1D09-0780, 6/12/2009).

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