Dean v. Dean

607 So. 2d 494 (1992)

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Nature of the Case

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Facts

Krischer was W's attorney for her divorce from H. During the divorce proceedings. During the pendency of the dissolution of marriage case, H's place of business was allegedly burgled. Two duffel bags containing various personal items belonging to H's daughter, and $35,000 to $40,000 in cash were taken. After the theft, an unidentified person telephoned Krischer at his office. The individual knew that Krischer was an attorney and the individual asked him for advice with regard to returning property. Krischer advised that the best avenue was to turn the property over to an attorney and let the attorney bring it to the State Attorney's office or to the law enforcement. Krischer met twice and had one telephone conversation with this person. Six weeks after the second meeting, the two duffel bags containing the daughter's personal property were delivered to Krischer's office. There was no cash returned. These events came to light through Krischer's former secretary, who had also by then become a client of H's lawyer. H's lawyer served Krischer with a subpoena for a deposition, seeking the identity of Krischer's contact. Krischer asserted the attorney client privilege. H then moved to compel the testimony. The trial court granted the motion. W appealed.