Attorney-client privilege

Compiled and written by Colman M. Herman.

Attorney-client privilege shields from public view all confidential communications between a client and his or her attorney undertaken for the purpose of obtaining legal advice.  The primary intent is to encourage clients to be completely candid with their attorneys and thus make full disclosure of all relevant facts to them, no matter how embarrassing or damaging these facts might be, without fear that what they say will be disclosed to the world.  This, in turn, allows attorneys to provide fully informed legal advice to their clients while, at the same time, keeping the information beyond the knowledge of their clients' adversaries.

Although nowhere in the public records law is the term "attorney-client privilege" to be found, public officials can claim attorney-client privilege based on a 2007 ruling (Suffolk Construction v. Division of Capital Asset Management) by the Supreme Judicial Court.  The court held that "confidential communications between public officers and employees and governmental entities and their legal counsel undertaken for the purpose of obtaining legal advice or assistance are protected under the normal rules of attorney-client privilege."  If it were otherwise, according to the SJC, it would "severely inhibit the ability of government officials to obtain quality legal advice essential to the faithful discharge of their duties, place public entities at an unfair advantage vis-s-vis private parties with whom they transact business and for whom the attorney-client privilege is all but inviolable, and impede the public's strong interest in the fair and effective administration of justice."

Other Sections:

Introduction to public records
Asking for records
Custodian's response
The fees
The exemptions
Appeals
Quasi-government agencies/misc.
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