With Open Public Records Act (OPRA), what do I do with attorney-client privilege information, such as with detailed bills, when a request is sent?

The privileged information can be redacted from the bills, but an explanation for its exemption from disclosure under the Open Public Records Act (OPRA) must be given. An unexplained claim of "attorney-client privilege" alone may not be enough. Of course, the challenge is to give a sufficient explanation to support the claim of privilege without revealing your client's privileged information.

This is a common problem, and many attorneys are switching to billing that contains no confidential information. After all, the bill detail is for the benefit of the client, and the client can always view the information in their file that is totally covered by attorney-client privilege to learn the confidential details of their legal representation. Put in the billing records only the information needed to justify the billing and maintain a separate file memoranda which can contain the privileged information.

Show All Answers

1. I have heard that the Attorney General has specifically exempted attorneys from the Open Public Records Act (OPRA). Is this true, and if so, why are they given special treatment?
2. Is email sent by a municipal employee subject to the Open Public Records Act? If so, what about email sent from his or her home computer?
3. Our municipality is being sued in state court over denial of a variance and using OPRA. Doesn’t he need to use the discovery rules to obtain material concerning litigation as parties have always done?
4. With Open Public Records Act (OPRA), what do I do with attorney-client privilege information, such as with detailed bills, when a request is sent?
5. Is the financial disclosure form that I file under the Local Public Ethics law as a municipal official subject to release under the Open Public Records Act (OPRA)?
6. I am a municipal clerk and a reporter for a regional newspaper recently called and asked for the salaries of all municipal employees. Do I have to release this information?
7. I requested a transcript of a municipality meeting and was told it takes weeks, don't they have to provide this to me within seven business days of my request under the law?
8. A resident who had a variance application denied has asked me for all “similar variance denials” by the municipality. How would I handle this?
9. Do requestors have to use the official Open Public Records Act (OPRA) form?
10. The court awarded substantial attorneys fees to the plaintiff in a settlement with our municipality. Can such fees be ordered in the context of a settlement?