Restoring the Attorney-Client and Work Product Privileges for Government Entities

Government entities in Florida lost the ability to keep private conversations with their lawyers a secret about twenty years ago. Also, about twenty-five years ago, government entities in Florida and government lawyers lost almost all claims of keeping their work a secret under public records law. Some new laws have tried to bring these privileges back, but they haven’t been enough. Two groups are currently looking at these issues and may recommend changes. This article will talk about why it’s important for government entities to have these privileges and suggest specific changes to bring them back. The attorney-client privilege is important for the government because it allows government officials to talk to their lawyers in private. This helps them get the best legal advice and follow the law. Without this privilege, government officials might not be honest with their lawyers, which could lead to problems. It’s important for the government to have the same privacy when talking to their lawyers as individuals do. Florida’s Sunshine Law limits the attorney-client privilege for the government. The Florida Supreme Court decided that the attorney-client privilege could not be claimed for communications made at public meetings. The court also said that the privilege could not be used to keep information confidential. As a result, government lawyers have limited ability to provide legal advice to their clients. The Florida Legislature created a private “attorney-client” session, but it has many restrictions, making it less useful. The Public Records Law also does not exempt government attorney’s work product or attorney-client privileged documents from being disclosed. This creates problems for government lawyers as they try to maintain confidentiality while following the law. Other states have recognized the attorney-client privilege for public entities, but Florida has not done so. This creates challenges for government lawyers and their clients. To address these issues, Florida’s laws should be revised to allow government attorneys to meet in private with their clients and prevent the abuse of using the public records law to obtain documents related to a lawsuit. This will help government lawyers provide effective legal counsel and protect their clients’ confidentiality.

Source: https://www.floridabar.org/the-florida-bar-journal/restoring-the-attorney-client-and-work-product-privileges-for-government-entities/