Hyatt Luncheon – US Magistrate Judge Lauren F. Louis
On March 13, 2019, the FBA South Florida Chapter welcomed Magistrate Judge Lauren Louis to present, “Playing it Safe? Implications of Over-Asserting Attorney-Client Privilege.” The program commenced with Chapter President David Weinstein presenting Judge Louis with a ceremonial engraved gavel commemorating her investiture onto the bench as a Magistrate Judge. The chapter also presented FBA member Sylvia Pineda-Vasquez with the Apple Watch that she had won as part of our annual membership drive in conjunction with our judicial reception in January.
Judge Louis began her discussion by providing the audience an overview of the authority governing the assertions of attorney-client privilege, and how such authority should be consulted to guide the practitioners’ analysis when faced with issues concerning properly asserting the privilege. The Judge also spoke on the need for additional training regarding the scope of the privilege, and the consequences of both over and under assertions, ranging from waivers of privilege and monetary sanctions, to suspension of bar license. The Judge provided specific examples of instances in which attorneys either over or under asserted the attorney client privilege, and the results of their litigation misconduct. The Judge then concluded by taking questions from the audience including regarding the assertions of privilege in the context of in house counsel, the parallels between over assertions of attorney client privilege and confidentiality designations, and the application of the federal rules governing discovery to fee shifting when the attorney client privilege is improperly asserted.
Thank you to everyone who attended, and special thanks to Judge Louis for sharing her wisdom and insight with the local bar.
- Category: Hyatt Luncheons
- Date: March 13, 2019