University Says Privilege Limits Ex-GC's Right to Sue for Discrimination
The former general counsel of Florida Gulf Coast University sued her former client in federal court in April, alleging systemic employment discrimination and violation of Title IX.
However, in a responding counterclaim, the university says Wendy Morris is barred by attorney-client privilege from pursuing at least some of her claims in the litigation, reports the National Law Journal.
It contends Morris violated the Florida Rules of Professional Conduct by disclosing privileged information, explains the News-Press, a South Florida newspaper.
Experts predict that the court is unlikely to completely prevent Morris from pursuing a legal remedy, although it is possible that the Fort Myers-based university could win concerning specific evidence that it may seek to exclude, the National Law Journal writes. Although attorney-client privilege does apply, evidence concerning her case may fall within specific exception areas intended to allow attorneys to defend themselves from false claims.
“The question is, ‘Is she revealing too much?’” says Bob Jarvis of Nova Southeastern College of Law in Davie, Fla. “As long as she can show that it’s germane to her defense or prosecution, she will be fine. If she is revealing extraneous information that doesn’t help her or apply to her suit—just to embarrass the employer—that would be wrong.”
