After a lawyer has decided that a confidentiality order is appropriate or unavoidable, the timing of it should be written depends on a number of variables, including the nature of the confidential information at stake, the jurisdiction, the preferences of each judge, and the client`s wishes. In a case where the overly confidential information is the identity of a sexual battery, the accused will probably not even be able to respond to the complaint until the identity is disclosed. A confidentiality agreement or order must be one of the first things obtained in such a case. Be very careful if there is an agreement or injunction that requires a party to seek prior authorization for further disclosure or to prevent and give signed consents to anyone to whom the information is transmitted at the time of execution. For no good reason, these provisions are an incursion into the lawyer`s work product and the ability to consult with experts who do not testify. A confidentiality agreement or order may provide that the confidentiality of the information persists beyond the end of the dispute. This purpose may be achieved by defining the scope of the permitted use of the information or by an express statement that the intention is that the information remain confidential, unless otherwise provided by court order or agreement between the parties. If the lawyer has agreed that confidentiality is necessary, this can be achieved either by court decision or by written agreement. Florida Rule of Civil Procedure 1,280(c) expressly states that a court of law may make a protective order “that a trade secret or other confidential information in research, development, or business matters is not disclosed or is disclosed only in a certain manner.” 28 28 Fla. R. Civ. P.

1.280 (c). To obtain such an injunction, a party may file an application for registration of the confidentiality order, with or without a proposed order, annexed hereto. Once the application has been filed, the lawyer can accept an order or the parties can take their disputes to the Court of Justice for settlement. .