October 29, 2012 Leave a comment
I regularly advise my private clients, when confronted with a questionable “public records request,” to seek judicial guidance from the courts immediately. Florida law permits a private entity to seek this kind if guidance from the court, and also provides that if guidance is sought “swiftly” then the private entity will not be liable for attorney’s fees to the requesting party, even if records are ultimately ordered to be produced. It would thus be rather foolish of me to not follow my own advice . . . especially when confronted with a purported “public records request” that is not only legally dubious but which threatens the sanctity of my privileged communications with a private client.