Shade Meetings: Overview, Pitfalls, and Recommended Changes

The attorney-client exemption to the Sunshine Law allows government entities to meet in private with their attorneys to discuss legal matters. To do this, they must follow certain procedures. Courts have interpreted this exemption in different ways. The law should be changed to make it more helpful for government entities. In Florida, it’s the law that government meetings must be open to the public. But there’s an exception for private meetings with a lawyer to talk about pending lawsuits. The lawyer has to follow specific steps, like announcing the meeting in a public session and keeping a transcript of the private discussion. The key people at the private meeting are the lawyer, the government leaders, and maybe an outside lawyer. But other staff members and consultants are not allowed. In the past, a school board got in trouble for inviting the wrong people to the private meeting. To avoid problems, the lawyer should talk to the government leader before the meeting. In simple terms, when a government lawyer meets with public officials to talk about legal stuff, they have to make sure they don’t make any final decisions or vote during the meeting. They can only have these meetings if there’s a lawsuit or legal issue already going on. And whatever is said in these meetings can be made public later on, so everyone has to be careful about what they say. The law should let public entities bring in experts and staff to attorney-client sessions, especially for complicated lawsuits. It should also allow the entity to have these sessions when they get a notice about a claim, so they can try to solve the problem before going to court. In conclusion, attorney-client meetings are important for government lawyers, but they must follow the rules carefully. Mark Goldstein, a lawyer from Miami, explains the importance of following the law in these meetings. He has experience working for city governments and now practices law in Miami. This article was written on behalf of a section of lawyers who work with local governments.

Source: https://www.floridabar.org/the-florida-bar-journal/shade-meetings-overview-pitfalls-and-recommended-changes/