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.
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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.