Authorization to seek Client FilesLaw Office of the Public Defender

The case files of current and former clients of the Law Office of the Public Defender are confidential.  Attorney- client privilege protects both confidential communications and legal matters between a client and their attorney, preventing forced and unauthorized disclosures of information to any unauthorized 3^rd party.  To protect the unauthorized disclosure of both confidential and privileged information in a client’s file, the Law Office of the Public Defender maintains the highest level of scrutiny when asked to release a clients file, even to a current or former client.

Absent a court order, typically only a current or former client can request copies of their case.  The office must receive a formal request authorizing the release of a former or current clients criminal case file. Only a current or former client can request copies of their case file and authorize the release of their case file to any third party.  A current or former client can make a request for his or her case file, in person or in writing. Clients should be aware that disclosure of their case file to third parties may and often is a waiver of provisions of confidentiality, particularly attorney-client privileges.  The Law Office of the Public Defender shall require verification of identity in any request made by a client to release client file.   Any request made by a client authorizing the release of client information contained in a client file to either the client and/or any 3^rd party, shall include a HIPAA release form (Authorization for the Use and Disclosure of Protected Health Information), should that request be made for medical records.

At no time shall the Law Office of the Public Defender, 17^th Judicial Circuit, release client information without a proper authorization made by the client.  Law Office of the Public Defender reserves the right to prevent disclosure of any work-product material. The work-product doctrine seeks to protect our client’s interests in obtaining complete legal representation; it also seeks to protect certain interest’s peculiar to the attorney. “Thus, while the attorney-client privilege belongs to the client alone, the work-product privilege may be asserted by either the client or the attorney.” State v. Rabin, 495 So. 2d 257, 262 (Fla. 3d DCA 1997).

If you are not seeking a current or former client records request please click here.

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