Privilege: Florida Law, ADR & Risk (1.5 CME Ethics)

Course Description

This advanced CME program examines the practical application of evidentiary privilege under Florida law and Federal Rule of Evidence 501, with a focus on how privilege operates—and fails—in real-world legal practice.

Designed for attorneys and mediators across practice areas including family law, civil litigation, white collar defense, and ADR, this course explores the intersection of spousal privilege, attorney-client privilege, mediation confidentiality, and mandatory reporting obligations.

Through case law analysis, statutory interpretation, and applied scenarios, participants will gain a clear understanding of who controls privilege, when it applies, when it is waived, and how exceptions—particularly fraud, abuse, and public safety—override protections.

Special emphasis is placed on litigation risk, ethical obligations, and strategic decision-making, equipping practitioners to identify privilege issues early, avoid costly mistakes, and protect client interests effectively.

Learning Outcomes (Slide Version)

By the end of this course, participants will be able to:

Identify key privileges (attorney-client, spousal, work product)

Distinguish privilege vs. confidentiality

Apply Florida law and FRE 501

Analyze spousal privilege (control, timing, scope)

Recognize waiver and loss of privilege

Apply exceptions (crime-fraud, abuse, public safety)

Understand mandatory reporting obligations (§39.201)

Evaluate privilege in mediation and ADR

Use a structured privilege analysis framework

Reduce litigation and ethical risk