An attorney never wants to inadvertently waive the attorney-client privilege during the deposition of a client’s corporate representative. The Fifth District in Papa John’s USA v. Moore, Case No. 5D22-716 (Fla. 5th DCA July 15, 2022), on certiorari review, held that defense counsel did not waive the privilege during cross-examination of a corporate representative where a confidential matter or communication was not disclosed. The district court thus quashed the trial court’s order holding otherwise.
The plaintiff in Papa John’s was involved in a car accident with the defendant driver who was working as a delivery driver for the co-defendant pizza company. The plaintiff filed a negligence action and deposed the company’s corporate representative. The representative testified that, in preparation for his deposition, he had not personally interviewed the employee driver but instead reviewed the driver’s deposition testimony and other relevant materials.