Brief filed: 03/21/2019
United States v. Gilbert and Roberson
11th Circuit Court of Appeals; Case No. 18-14654
Decision below 355 F.Supp.3d 1168 (N.D.Ala. Oct. 22, 2018)
Joint trials of attorneys and clients raise special consideration that tip the balance of interests in favor of severance. Courts evaluating severance must balance the prejudice of a joint trial against judicial efficiency. Joint trials of attorneys and their clients inherently present heightened risks of prejudice. The advice-of-counsel defense is critical to promoting well-counseled decisions in complex fields. The balance of interests favors severance in this case.
Lucas M. Walker and Jeffrey A. Lamken, MoloLamken LLP, Washington, DC; Lisa W. Bohl, MoloLamken LLP, Chicago, IL; David Oscar Markus, NACDL, Miami, FL.