Some legal invoices not subject to disclosure
Published: January 25, 2017
On Dec. 29, 2016, the California Supreme Court held in Los Angeles County Board of Supervisors v. Superior Court that the legal invoices that are closely related to attorney-client communication, such as invoices in pending and active legal matters, are protected by the attorney-client privilege and are therefore not subject to disclosure under the California Public Records Act.
The case originated with the ACLU of Southern California’s challenge of the Los Angeles County’s denial of its CPRA request for legal invoices specifying the amounts Los Angeles County had been billed by its attorneys in connection with lawsuits alleging the use of excessive force against inmates in the county’s jails. In reversing the superior court’s ruling that the invoices should be released, the Court of Appeals held that attorney billing records are automatically protected by attorney-client privilege. The Supreme Court reversed that decision, reasoning that only attorney-client communication made for the purpose of “legal representation” was automatically protected by attorney-client privilege.
Consequently, the state’s Supreme Court decided that only legal invoices (i.e. legal bills) that are closely related to attorney-client communications, such as invoices in pending and active legal matters, are categorically exempt from disclosure in their entirety. For other legal billings and invoices, the court did not disturb the existing rules guiding CPRA requests for them. For example, if a case is no longer pending, the fee totals on the invoice may be subject to disclosure under the CPRA if they do not communicate substantive information related to the legal consultation or risk exposing information given for the purpose of legal consultation. The practice of redacting legal invoices is likely still in place, but the Court’s decision leaves uncertainty about what exactly must be disclosed upon request for legal matters that concluded long ago.
The court’s decision leaves some open questions for public agencies such as school districts, including what courts will consider “pending and active” legal matters and how that distinction will be applied to legal matters outside of litigation.
School districts that receive requests for legal invoices under CPRA should consult with legal counsel before disclosing to determine what information included in the invoices may be disclosed.
The California Supreme Court’s decision is available at http://www.courts.ca.gov/opinions/documents/S226645A.PDF.