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 and associated remittance pages received by D86 from April 1| 2021 through November 2| 2021| for any and all legal fees and legal costs charged to D86 in connection with the following: 1. Communications between Board President Walker and any D86 attorney. 2. Communications between Superintendent Tammy Prentiss and any D86 attorney. 3. D86 FOIA Requests R000923-092021| R000946-102721| R000934-100521| R000933-100521| and R000941-101521. |
Response:
| Your request is granted in part and denied in part. Per your request| the enclosed pages [accessible via the Public Records Center] contain detailed fee descriptions for work that is responsive to your request| 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)(a)| 7(1)(c)| 7(1)(f)| 7(1)(p)| and 7.5(r). Please note that no responsive documents exist at this time for your request for legal invoices and associated pages dated October 1| 2021| through November 2| 2021. Also| note that many of the responsive time entries include tasks in addition to communications with the Superintendent or Board President. |