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Case 1:15-cv-07433-LAP Document 1320-18 Filed 01/03/24 Page 25 of 40 B. Actions by Cassell and Edwards Do Not Waive Ms. Giuffre’s Attorney-Client Privilege. Not only has Judge Lynch already ruled on the attorney-client privilege issue, but his tuling was entirely correct. Defendant’s argument rests on the proposition that Cassell and Edwards had authority to waive Ms. Giuffre’s privilege while they pursued their Florida defamation action. But in filing their own, personal defamation claims against Dershowitz in a lawsuit where Ms. Giuffre was not a party, Cassell and Edwards were not acting on Ms. Giuffre’s behalf. Defendant never attempts to even explain, much less prove, how that defamation action could have benefitted Ms. Giuffre. And Florida law is clear that when attorneys are not acting on the client’s behalf, they cannot waive their client’s privilege. See Charles W. Ehrhardt, 1 Fla. Prac., Evidence § 502.6 (2015 ed.); Schetter v. Schetter, 239 So.2d 51, 52 (Fla. 4" DCA 1970). To find that an attorney waived his client’s privilege, a clear record must exist concerning the attorney’s attorney to waive privilege. See Bus. Integration Servs., Inc. v. AT&T Corp., No. 06 CIV. 1863 (JGK), 2008 WL 318343, at *2 (S.D.N.Y. Feb. 4, 2008). Here, to the contrary, the record is clear that Ms. Giuffre did not authorize any waiver of her attorney-client privilege. See McCawley Decl., Ex. 13, affidavit of Ms. Giuffre (Ms. Giuffre did not authorize any waiver). Accordingly, under Florida law, Cassell and Edwards’ actions did not waive Ms. Giuffre’s privilege.’ The main examples Defendant offers in support of her waiver argument come from a summary judgment motion that Cassell and Edwards filed. See Mot. to Compel at 16. Of ‘4 For the sake of completeness, it is worth noting that both federal law and New York state law likewise require that a client waive attorney-client privilege. See, e.g., Schnell v. Schnall, 550 F. Supp. 650, 653 (S.D.N.Y.1982) (no waiver of attorney-client privilege where attorney testified at hearing without presence or authorization of client); N.Y. C.P.L.R. 4503 (McKinney) (“Unless the client waives the privilege, an attorney . . . shall not disclose, or be allowed to disclose such communication, nor shall the client be compelled to disclose such communication, in any action, disciplinary trial or hearing, or administrative action, proceeding or hearing conducted by or on behalf of any state, municipal or local governmental agency or by the legislature or any committee or body thereof.”). 18