Taylor and Theresa Trustee, together with Taylor's son, Thomas, are co-trustees of a charitable trust established to make gifts to local organizations working to improve the lives of children. Unfortunately, after some complications with a gift, Benevolent Beneficiary, LLC has filed suit, alleging the co-trustees breached their fiduciary duties in connection with the trust administration. One allegation, in particular, alleges that Theresa misappropriated trust assets earmarked for Benevolent. The co-trustees do not believe there is any wrongdoing. But, if there was, Taylor and Thomas may have an obligation to pursue recovery from Theresa. The co-trustees know they need counsel and, to avoid any current or future conflicts, they elect to retain separate counsel for Theresa and for Taylor and Thomas. After giving the appropriate notice, the co-trustees intend to pay their respective attorney fees with trust assets. But those assets are their parents' legacy, and they don't want to needlessly waste them on multiple sets of counsel defending what may be frivolous claims. It is now up to counsel to, among other things, ensure they effectively coordinate to protect their clients' interests and obtain the best result possible, to preserve applicable privileges, to ensure the co-trustees adequately fulfill their duties, and to operate efficiently to preserve trust assets.

• Coordination/Cooperation Between Counsel and Co-Trustees

It is important for co-trustees and their counsel to work together—while zealously representing each party's respective interests. Counsel and the co-trustees should avoid duplications of efforts when possible, and independently stay informed of the proceedings.

Choosing independent, well-qualified counsel that have a history of collaboration is recommended, even if the co-trustees have different views of the case. Through working together, the co-trustees will be able to maintain lower fees, particularly when it involves the sharing of relevant facts, disclosure of relevant documents, and research. Counsel should also coordinate deposition preparation and strategy, hearing strategies, and a final trial strategy.

• Preserving Privileges

In most cases, a voluntary disclosure of privileged information to a third-party will waive attorney-client privilege because it is inconsistent with the requisite confidential relationship. However, Florida courts recognize an exception known as the common interests, joint defense, or pooled information exception. Under this exception, clients and their respective attorneys sharing common litigation interests may exchange information freely without fear that such exchange will forfeit the protection of privilege. It enables litigants who share unified interests to exchange privileged information in order to adequately prepare their cases. This exception is consistent with the underlying policy of privilege—allowing clients to communicate freely and with confidence when seeking legal advice from their attorney.