In the case State ex rel. Armatas v. Plain Twp. Bd. of Trs., 5th Dist. Stark No. 2019CA00141, 2020-Ohio-1225, an Ohio appellate court held that legal bills invoiced to a risk management organization, that a public entity is a member of, are not public records if the public entity does not possess the bills and is not in contract with the legal services provider.
In this case, a petitioner sought legal bills from a township for a lawsuit that the petitioner filed against the township. The township denied the request because the township did not possess the bills. The legal bills were possessed by a third party risk management organization of which the township was a member of. The township did not retain the law firm that provided the legal services, nor did the township have a contract with that law firm.
The Ohio appellate court held that the petitioner was not entitled to the legal bills, because the township did not possess the legal bills nor did the township have a contract with the law firm as to control the law firms activities as to make the law firm a quasi-public entity.
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.