Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation -

Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) -

Risk Management Issue: May a law firm's invoices to a public entity client be protected from disclosure as privileged notwithstanding a statutory public records disclosure requirement?

The Opinion: In this case, the California Supreme Court addressed the narrow issue of whether invoices from a county's outside legal counsel in connection with pending litigation are exempt from disclosure under the California Public Records Act ("PRA"; Gov Code, ¶ 6250 et seq.) based on the attorney-client privilege that would otherwise apply. The Court held that a public entity's billing statements from outside counsel are privileged during pending litigation, but after a case is over, the purpose of the billing entries may no longer be privileged.