Customer Name:
Yvonne Mayer
| Pursuant to Public Access Counselor Binding Opinions 12-005 and 14-002| “descriptive entries in legal invoices that reveal privileged attorney client communications may be redacted| however| remaining information contained in legal billing invoices| including general descriptions of the nature of the services performed by an attorney| dates on which work was performed| the initials of the attorney performing the work| the numbers of hours billed| and the corresponding dollar amount for each entry may not be withheld”. Accordingly| please produce in electronic PDF form a breakdown of the legal fees incurred in connection with the matters listed below AND copies of the legal invoices received by D86 from November 1| 2019 through the date of this FOIA request for any and all legal fees and legal costs charged to D86 in connection with the following matters: 1. Federal lawsuit filed in the Northern District of Illinois titled: Dr. Meeta Jain Patel| Kara Kuo and Kim Notaro v. Board of Education Hinsdale Township High School District 86 and Nancy Pollack| No. 1:20-cv-00893. 2. D86 FOIA Request R000743-111519 AND related Request for Review 2020 PAC 61497 filed with the Public Access Counselor| Office of the Illinois Attorney General. 3. D86 FOIA Request R000757-121819 AND related Request for Review 2020 PAC 61589 filed with the Public Access Counselor| Office of the Illinois Attorney General. 4. Request for Review 2020 PAC-61373 filed with the Public Access Counselor| Office of the Illinois Attorney General. |
Response:
| We have removed (in white) legal bill entries that do not relate to your request. Per your request| the enclosed pages contain detailed fee descriptions| but we have redacted the specific details concerning these services that are protected by the attorney-client privilege. FOIA Section 7(1)(m) exempts communications between a public body and an attorney representing the public body that would not be subject to discovery in litigation. 5 ILCS 140/7(1)(m). Illinois courts and the Illinois Attorney General’s office have recognized that attorney billing records contain information that is protected by the attorney-client privilege. People ex rel. Ulrich v. Stukel| 294 Ill. App. 3d 193| 201 (1st Dist. 1997); Public Access Opinion Nos. 14-002 (April 15| 2014) and 12-005 (March 12| 2012). In PAC Opinion 14-002| the PAC stated: “Some entries identify subjects of research or details of other tasks performed| the identities of specific individuals with whom attorneys met| and topics of discussion during those meetings. In contrast| other billing entries contain only general descriptions of services performed| such as holding a telephone conference| exchanging emails| or drafting and revising a memo. To the extent that individual billing entries include detailed descriptions of legal services that reveal privileged information| those descriptions may be redacted from the invoices.” PAC Opinion No. 14-002| at 5. Here| the blacked-out portions within the detailed attorney time entries reflect attorney-client privileged communications and/or work product that would not be subject to discovery in litigation| and these portions are exempt within the letter and spirit of the PAC’s published guidance on this subject. In addition| many of the redactions are also supported by other exemptions| including (but not limited to) FOIA Sections 7(1)(c)| 7(1)(f)| 7(1)(s) and 7.5(r). Finally| the remittance pages were omitted| as they were not responsive to your specific request. In follow up to the District’s response| the requester submitted an email request for remittance pages related to the request for reviews. Remittance pages dated February 29|2020 for the federal litigation were included in the original response documents. Although the District does not find these pages to be responsive to FOIA request R000791-042420| we have provided them. Redactions were made pursuant to FOIA Section 7(1)(a) and 7.5(r)| which covers information that is specifically prohibited from disclosure by Federal or state law| and information that is prohibited from being disclosed pursuant to the Illinois School Student Records Act| 105 ILCS 10/1 et seq. (“ISSRA”)| including personal details about individual families or students. These records include information protected by the ISSRA and the Family Educational Rights and Privacy Act| 20 U.S.C. 1232g (“FERPA”). 5 ILCS 140/7(1)(a)| 7.5(r). |