JACKSONVILLE, Fla. — Jacksonville attorneys are weighing-in on the motion filed by Mario Fernandez-Saldana Wednesday.
Attorney-client privilege is the cornerstone of any attorney-client relationship. This means whenever a client and attorney are talking about the case or their strategy, those conversations are protected and cannot be use as evidence.
Curtis Fallgatter is a former federal prosecutor. He said there are some conversations that do not fall under the attorney-client privilege, like scheduling matters.
"There are times where those conversations are in the presence of third parties, which destroys the privilege," Fallgatter explained.
In the motion filed by Marion Fernandez, his lawyers claim the State Attorney's Office obtained and distributed texts and emails with privileged information. They said there were emails labeled "Confidential Communications," and at least 66 privileged communications were uploaded to an online portal called 'NextPoint,' to which more than a dozen people had access.
Fallgatter said it will up to the judge to decide if those confidential communications actually contain privileged information.
“If it's a conversation about, 'hey, who's going to work on my case,' or 'what time you want to meet with me,' those are not going to be privileged. It's only when they're talking about the facts and defenses in the case," Fallgatter explained.
The motion also claimed communication between Fernandez' wife, Shanna Gardner, and her attorney were uploaded to the portal. Attorney Janet Johnson, who is not part of the case, said this could impact Gardner's case.
"Each party is restricted in terms of any confidential privilege that applies. And they shouldn't have access to anything that's confidential between their attorney and their client, or the other party's attorney and their clients. So I think it's going to be problematic," Johnson explained.
The State Attorney's Office plans to file objections to the motion. A hearing will be held to determine whether the state attorney will stay on this case, or if a new one will be appointed.