Attorney Can Be Compelled to Testify in Undue Influence Case

A Florida court of appeals holds that an attorney cannot claim attorney-client privilege to avoid testifying in an undue influence challenge to a will the attorney prepared. Vasallo v. Bean (Fla. Ct. App., 3rd Dist., No. 3D16-1862, Oct. 26, 2016).

Attorney Christopher Vasallo prepared a will for a client that named only one of the client's children as beneficiary. The client's other children challenged the will, claiming it was based on undue influence.

The trial court ordered Mr. Vasallo to answer questions at a deposition regarding the client's reasons for disinheriting the other children. Mr. Vasallo sought certiorari review of the court's decision, arguing that attorney-client privilege prevented him from testifying.

The Florida Court of Appeals, 3rd District, denies the petition for writ of certiorari. The court holds there is no attorney-client privilege when the attorney's testimony is necessary to resolve an issue between multiple parties who claim through the same deceased client, such as a will contest.

For the full text of this decision, go to: https://www.3dca.flcourts.org/Opinions/3D16-1862.pdf

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