Fraudulent Liens and Attorney-Client Privilege

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The Court in Southern Pan Services Co. v. S.B. Ballard Construction Co., 2009 WL 1885113 (M.D. Fla. 2009) held that the use of the "advice of counsel" defense to fraudulent liens does not act to globally waive the attorney-client privilege.  However, the Court noted that when advice of counsel is used as a formal defense, attorney-client privileged would be waived with regard to communications pertaining to the preparation of the claim of lien.



Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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