Search Results for: 6254(k) attorney-client

A&A: County Refusing to Share Mold Report they Say Requires Us to Vacate. How Can We Access that Report?

Q:  I am on the board of a nonprofit preschool in a county-owned building and we have just learned that our lease expired nearly two decades ago. This is an old building, but we have been declared safe by the company we hired to do our mold report. The county is refusing to show us their mold report, claiming attorney-client privilege. The county is trying to get us to vacate the building to do remediation

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Private attorney costs to public agencies and attorney-client privilege

Private attorney costs to public agencies and attorney-client privilege Q: Can a County Counsel’s office contract with a private law firm to help litigate a civil lawsuit, and not disclose the amount of the retainer agreement? Is it a confidential communication under the lawyer-client privilege? All I want to know is how much money the county plans to spend hiring an outside law firm. A: The courts that have addressed the issue—primarily federal courts in California—

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A&A: PRA Requested Documents Withheld Due to “Attorney-Client Privilige”

Q: Cal Fire claims to have released all documents related to a request with the exception of “documents that are protected by attorney-client privilege.” Is there a way to find out what was redacted/withheld? A:  It appears that Cal Fire invoked the attorney-client privilege exemption in order to withhold the documents. In general, California law provides that confidential communications between a lawyer and his or her client are privileged and do not have to be

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A&A: My CPRA request was denied due to “attorney-client privilege”

Q: The Chair of the Board of Directors for the Fire Protection District wrote a letter which was published in a local newspaper. In that letter he made public, for the first time, the existence of a report the District had received from a private legal firm. He also made public some of the contents of the report. His exact text was, “This very expensive legal report states that each of these citations are either misinterpreted,

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A&A: Can city business hide behind attorney/client privilege?

Q: I am trying to investigate reports that a city councilman in one of the cities I cover has driven the city car recklessly or under the influence of alcohol. Sources tell me that the city manager notified city council members via email of a complaint filed by a citizen that this council member cut him off in traffic, made a vulgar hand gesture and used obscene language while driving the city vehicle. I made

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A&A: When can a public Board claim attorney-client privilege?

Q: Our municipal board, of which I am a member, recently convened a closed session meeting that was not listed as an item on the published agenda. The purpose of the meeting, which included  a city attorney, was for several board members wanted to present their case against me as a Brown Act violator.  I believe the lawyer was invited to establish a claim of attorney-client privilege to hide their actions from public scrutiny. Can

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Free speech at issue in Florida governor’s suspension of state attorney

A federal district judge failed to reinstate a state attorney suspended by Governor Ron De Santis but seemed inclined to favor the argument that Andrew Warren was denied his free speech rights. Warren had signed statements pledging not to prosecute cases of abortion or transgender health care. The judge said the statements were not official actions so protected by the First Amendment. The judge wants a speedy trial to settle the matter. (Tampa Bay Times,

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A&A: Can the School District Refuse to Disclose Legal Fees Because of Attorney-Client Privilege?

Q: A school district in California is refusing to disclose the amounts paid to outside legal counsel to defend itself in a federal lawsuit filed by a school board member. District officials are citing the appellate decision in LA County Board of Supervisors v. Superior Court as supporting case law. Have you encountered this defense? Is it legitimate? A: Attorney-client privilege is an exemption to the California Public Records Act (the “CPRA”), and it is

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CA Supremes: PRA requester must return inadvertently released “attorney-client” records

Suppose a government agency releases records in response to a public records request; then, a few days later, discovers that one of the records is privileged under the attorney-client privilege, and demands that the requester return it (and all copies) ASAP. The California Supreme Court says, yes, the requester does have to return the privileged record. The Court’s ruling came in the case of Ardon v. City of Los Angeles, issued on March 26. The

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Counsel for a school board

Counsel for a school board Q: I am reporter and seeking advice about what I can do to request information from our local school district. Recently our school board hired a lawyer to formulate legal opinion about a particular school board policy. The opinion is in, but they refuse to share the information, citing attorney-client privilege. Is there any way around this? Is this in fact legal? A: The California Public Records Act, Government Code

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A&A: Will attorney/client privilege keep me from learning how County is spending bond money?

Q: I recently asked my county Supervisor what code or law allowed them to use funds from a CSA (County Service Area), which is involved in a lawsuit. What was presented to the people in the ballot said nothing about using the funds for the legal defense of the County. Is the information I requested attorney client privilege or is it public information? I look forward to your response. [/vc_column_text][vc_column_text]A:  I believe your initial question is whether the

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County’s Technical Review

County’s Technical Review Q: We recently made a Public Record Request for documents relating to the County’s General Plan technical review and technical fix. The request was denied because: “…this draft is still undergoing internal staff and legal review. For that reason, the County is not able to produce the draft, or any memoranda or correspondence relating to it, as those records would be exempt from production under Government Code Section 6254(h). The records would

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Obtaining Legal Records of a Public Agency

Obtaining Legal Records of a Public Agency Q: I have requested the list of legal expenses, by attorney, billing statements and /or invoices by case or project from the City and Redevelopment Agency.  I did not ask for any other information about any of the litigation or project. They took over a month to provide me with a ledger from the finance department with a listing of expenses only with just 3 of over 100

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A&A: How does one deal with CPRA Request Response Denying the Records As ‘Privileged’?

Q: How does one deal with ‘Privileged’ designation in a Public Records Act request response? A:  Both the attorney-client privilege and the attorney work-product privilege are incorporated into the Public Records Act through Government Code§ 6254(k). In general, California law provides that confidential communications between a lawyer and his or her client are privileged and do not have to be disclosed. Evidence Code §§ 954-955.  However, not everything that passes an attorney’s desk is covered by this

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A&A: City Attorney says legal analysis is a CPRA exemption

Q: A group of citizens is opposing the City Council’s 3/2 vote to allow two digital billboards on city property. Citizens submitted a PRA request for any legal analysis of the proposal. The City Attorney replied the legal analysis is attorney client privileged communication and is therefore a CPRA exemption. However, City Attorney also stated the document has not been the subject of an open or closed session of City Council. Can City Attorney distribute

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Accessing Termination of Employment Records

Accessing Termination of Employment Records Q: 1) My former employer violated my privacy by releasing reasons why I was terminated to the public which was different from the reason that he has given me in writing. 2) I recently asked for copies of my emails pursuant to public records act and the City denied me them. . A: Generally speaking, laws restricting access to records should not interfere with a person’s rights to review his

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A&A: Is A Letter From A Water District Lawyer A City Attorney Public?

Q: The Municipal Water District had a contract to deliver water, but wanted to modify it. The District’s lawyer wrote a letter to the city attorney, attaching a draft civil complaint, asking for a set of changes, threatening to sue otherwise. “Settlement” meetings were in closed session. Now that a new contract has been agreed to, is the first letter a public record? How can we get it? A: It seems that the letter from

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A&A: District won’t release legal bills from defending workers’ comp cases

Q: My client has a worker’s compensation case with the school district and made a public records act request in order to determine how much the school district is spending in her case and in total for legal defense of workers’ compensation matters. It is our belief that the attorney is not settling cases for his own profit. The district refuses to turn over that information A: As I’m sure you know, under the Public

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