A term that limits the use of confidential information to a single action is not moved. Sanctions were imposed and upheld against lawyers who used financial information obtained as part of a confidentiality order as part of a lawsuit in an unrelated subsequent garnish. 43 43 Roberts vs. Bonati, 133 So.3d 1212 (Fla. 2d DCA 2014). While it may seem strange to prevent a lawyer from using knowledge that is already in his or her mind, for the benefit of another client, this analysis does not take into account the fact that knowledge was acquired in a number of limited circumstances, balancing the interests of the first litigation. The same circumstances may not exist in a subsequent litigation. Legal aid is not obliged to indicate in its agreement a particular way of declaring confidential information or documents. Sometimes inclusion in the negotiation process can help define expectations as to how the process will proceed, and the inclusion of a provision in the agreement will guide non-attorney personnel, who will likely be the one implementing the agreement. If counsel has accepted that confidentiality is necessary, this can be obtained either by a court order or by a written agreement. The Florida rule of civil proceedings 1.280 (c) expressly states that a court may issue a protection decision “that a trade secret or other confidential information in research, development or business cannot be disclosed or can only be disclosed in a specific manner.” 28 28 Fla. R. Civ.

S. 1.280 v. To obtain such an order, a party may accompany a request for a confidentiality order, with or without an order proposed as an exhibition. Once the application is filed, the lawyer can accept an order or the parties can submit their disputes to the court for a decision. In the same way that an agreement or confidentiality injunction should not influence the relationship between the lawyer and the client or the lawyer`s work product, she should not expect to tell a party how she can use the information. Legal counsel should not accept a term that functions as a contract in Limine or prevents the possible use of information in litigation.