4-22-13 Power Point Attorney Client Relationship + Communication
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ATTORNEY-CLIENT RELATIONSHIP
Town of Los Gatos
Town Council
April 22, 2013
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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
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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
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Evidence Code 952
Communication
The Brown Act
California Public Records Act
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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
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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
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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)