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4-22-13 Power Point Attorney Client Relationship + Communication 1 ATTORNEY-CLIENT RELATIONSHIP Town of Los Gatos Town Council April 22, 2013 2 Who is the Client ? The Organization itself (TOWN), acting through its highest authorized officer, employee, or body Highest authorized body is the Town Council Council majority 3 California Rules of Professional Conduct, Rule 3-600 establishes that the public entity as an organization is the client Attorney-Client Privilege Confidential communication between client and lawyer Includes legal opinions and advice given by lawyer to client in confidence Client holds the privilege Individual Council Member must uphold privilege Only a Council majority may authorize release 4 Evidence Code 952 Communication The Brown Act California Public Records Act 5 State law requires open and transparent government – that the people’s business should be done in public And the PRA also supports open/transparent government by allowing members of the public to make requests for documents kept and maintained in the ordinary course of business Brown Act State law requires open and transparent government Closed session exceptions Communication prior to a meeting Communication at meetings 6 Meetings to occur in public Deliberations and decisions to occur in public at open meetings Closed session exceptions: litigation, real estate & labor negotiations & personnel matters Written information generally available to the public b4 meeting except for atty-client communication Types of info transmitted to the Council include background information on the law and any potential risks associated with a possible decision – the role of the attorney is to provide legal info to Council so they can make an informed decision The attorney client privilege is held by the Council majority – so an individual member cannot disclose advice/opinion provided by attorney Exception is conflict of interest opinions since that is a decision made by a Council member who has the option to consult or not consult the Town attorney Public Records Act Record any writing containing information relating to the conduct of the public’s business, prepared, owned, used, or retained by any local agency Includes documents (handwritten, printed, copied), photos, electronic mail or facsimile and any other tangible form of communication E-mails 7 Documents kept in ordinary course of business Drafts and other communication which may be transitory Emails subject to disclosure if kept in the ordinary course of business Council emails to non-Town email addresses – Smith v City of San Jose and Tracy First (2009)