In the case of White v. Dep’t of Rehab. & Corr., 10th Dist. Franklin No. 19AP-85, 2020-Ohio-386, an Ohio appellate court held that attorney–client privilege only protects records containing legal advice, not all communications with lawyers, from public records requests.
In this case, an attorney made a public records request to an Ohio agency under R.C. 149.43. The agency withheld certain requested documents because the agency claimed the documents were protected under attorney–client privilege.
The Ohio appellate court held that the relevant question for determining when a record is protected by attorney–client privilege is whether the record contains legal advice. The Ohio appellate further held that the record does not have to be purely legal analysis but can also be communication that facilitates the provision of legal services.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing like the Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.