United States v. Richard Suarez

ANDERSON, Circuit Judge:

On this appeal, we address the question whether the attorney-client privilege can be resurrected at trial after the attorney has testified at a pretrial evidentiary hearing with his former client’s consent and pursuant to an express waiver. We conclude, upon the facts presented here, that the privilege had been waived and thus there was no error in allowing the attorney to testify at trial.

I. FACTS

In 1981, a federal grand jury in the Southern District of Florida indicted Richard Suarez, a/k/a “Ralph,” Gary Souers and Bina Souers on charges of conspiracy to possess and…