Wednesday, November 4, 2009

Fourth District Quashes Order Because Testimony Could Have Subjected Attorney To Criminal Prosection

In Hitchcock v. Proudfoot Consulting Company, et al. (4D09-20), the Fourth District quashed the lower court's order that "petitioner’s renewed motion for protective order and granting a motion to compel deposition answers, overruling petitioner’s claim of Fifth Amendment privilege against selfincrimination."  The court stated:
We grant this petition and quash the order in this case because the record before us demonstrates that petitioner was presented at deposition with questions which might provide a foundation for a possible criminal prosecution for the unauthorized practice of law.


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