Investigatory reports prepared by law firms on behalf of public agencies are attorney-client privilege and not subject to mandatory disclosure under the state's public records act, the Ohio Supreme Court held Tuesday.
[ Opinion ]
"ORC §149.43(A)(1)(v)," part of Ohio public records law, "excepts 'records the release of which is prohibited by state or federal law' from the definition of 'public record,'" the Court said. Citing State ex rel.Besser v. Ohio State Univ., it went on to say, "the attorney-client privilege, which covers records of communication between attorneys and their government clients pertaining to the attorneys' legal advice, is a state law prohibiting release of these records."
"Attorney-client privilege 'does not require a communication to contain purely legal analysis or advice to be privileged,'" it continued, citing the U.S. 5th. Circuit’s case, Dunn v. State Farm Fire & Casualty (1991). "If a communication between a lawyer & client would facilitate the rendition of legal services or advice, it is privileged."
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