Michael J. Hutter. Courtesy photo 'Appellate Advocates': Application of Attorney-Client Privilege to Government Communications and More
A unanimous decision from the Court of Appeals forcefully emphasized that in legal matters, either in response to a FOIL request or in civil litigation, a governmental entity and its counsel are entitled to engage in confidential communications with counsel to discuss, establish and maintain its legal position, protected by the privilege. Due to the significance of the case, this article discusses the court's decision and the takeaways from it.
February 14, 2024 at 10:12 AM
11 minute read
New York public policy is in favor of government transparency and public access to government records, as reflected in New York's Freedom of Information Law (FOIL). See Public Officers Law, Article 6. Does this mean, for example, confidential communications relating to legal matters between the governor and the governor's counsel, state agency head and the agency's general counsel, the agency's general counsel and the governor's counsel, or a town supervisor and the town attorney, are subject to disclosure, either under FOIL or in litigation? Or may the attorney-client privilege, as codified in CPLR 4503(c), be invoked to bar disclosure?
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