Customer Name:
Yvonne Mayer
| Please produce in electronic PDF form copies of the legal invoices and associated remittance pages DATED from May 1| 2020 through July 8| 2020 for any and all legal fees and legal costs charged to D86 in connection with the 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. |
Response:
| 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). No responsive documents exist at this time for the request for legal invoices and associated pages dated June 1| 2020 through July 8| 2020. |