Subscribe to School Law Newsletter
Close Window

Prosecutor Letter Not Privileged and Not Exempt from Public Records Request Production

In the case State ex rel. Hicks v. Fraley, Slip Opinion No. 2021-Ohio-2724, the Ohio Supreme Court determined that a letter from the County Prosecutor was not protected by attorney-client privilege and must be produced in response to a public records request.

Here, the individual who requested the letter argued the privilege did not apply to the letter because the contents of the letter were discussed in a court proceeding. The auditor argued that because the letter was filed under seal, the privilege still applied.

The court reasoned that by discussing the contents of the letter in court, a third-party was involved and the contents of the letter were no longer protected by attorney-client privilege.

To read this article, 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 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.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.