Fellow solicitors:
One of my governments received a right to know request for copies of all records of legal fees rendered to the Township.
I remember reading somewhere that the amount paid should be disclosed but not the itemized bill because what lawyers do for a government is protected by the Attorney Client privilege.
Do any of you have anything on this subject.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
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The City of Allentown gets multiple RTKs on these. We disclose the bills, but redact all descriptions. I don't think it is enough to just tell them the amount of fees, because they are entitled to know to whom paid, etc.
Susan Ellis Wild
Attorney at Law
Gross McGinley, LLP
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Monday, February 22, 2016 3:59 PM
To: pmlsolicitors@lists.imla.org
Subject: [Pmlsolicitors] FW: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org
Fellow solicitors:
One of my governments received a right to know request for copies of all records of legal fees rendered to the Township.
I remember reading somewhere that the amount paid should be disclosed but not the itemized bill because what lawyers do for a government is protected by the Attorney Client privilege.
Do any of you have anything on this subject.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
NOTICE: This message, and any attached file, is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the individual reading this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. Nothing in this e-mail message should be construed as a legal opinion. If you have received this message in error, please notify me immediately by replying to this e-mail and delete all copies of the original message. Thank you.
IRS CIRCULAR 230 DISCLOSURE: Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax advice addressed herein.
Painful as it is, we think that redaction of privileged materials is the best that can be done technically. There's lots of information in detailed billing statements that is not privileged. Note that there are word processing programs that help mask the redacted material electronically.
You might consider looking at the most recent case law - there may be a trend to curtail overly broad requests, but you may not want to fight that fight.
William W. Warren, Jr.
Saul Ewing LLP
Suite 700
2 North Second Street
Harrisburg, PA 17101
Office (717) 238-7698
Fax (717) 257-7584
wwarren@saul.com
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Susan Wild
Sent: Monday, February 22, 2016 6:09 PM
To: 'Chuck Thompson'; pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] FW: Pmlsolicitors pmlsolicitors-bounces@lists.imla.org
The City of Allentown gets multiple RTKs on these. We disclose the bills, but redact all descriptions. I don't think it is enough to just tell them the amount of fees, because they are entitled to know to whom paid, etc.
Susan Ellis Wild
Attorney at Law
Gross McGinley, LLP
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Monday, February 22, 2016 3:59 PM
To: pmlsolicitors@lists.imla.orgmailto:pmlsolicitors@lists.imla.org
Subject: [Pmlsolicitors] FW: Pmlsolicitors <pmlsolicitors-bounces@lists.imla.orgmailto:pmlsolicitors-bounces@lists.imla.org>
Fellow solicitors:
One of my governments received a right to know request for copies of all records of legal fees rendered to the Township.
I remember reading somewhere that the amount paid should be disclosed but not the itemized bill because what lawyers do for a government is protected by the Attorney Client privilege.
Do any of you have anything on this subject.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
NOTICE: This message, and any attached file, is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the individual reading this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. Nothing in this e-mail message should be construed as a legal opinion. If you have received this message in error, please notify me immediately by replying to this e-mail and delete all copies of the original message. Thank you.
IRS CIRCULAR 230 DISCLOSURE: Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax advice addressed herein.
"Saul Ewing LLP " made the following annotations:
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This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
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City of Allentown has the redaction software. Well worth the expense.
On Feb 23, 2016, at 9:42 AM, Warren Jr., William W. <WWarren@saul.commailto:WWarren@saul.com> wrote:
Painful as it is, we think that redaction of privileged materials is the best that can be done technically. There's lots of information in detailed billing statements that is not privileged. Note that there are word processing programs that help mask the redacted material electronically.
You might consider looking at the most recent case law - there may be a trend to curtail overly broad requests, but you may not want to fight that fight.
William W. Warren, Jr.
Saul Ewing LLP
Suite 700
2 North Second Street
Harrisburg, PA 17101
Office (717) 238-7698
Fax (717) 257-7584
wwarren@saul.commailto:wwarren@saul.com
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Susan Wild
Sent: Monday, February 22, 2016 6:09 PM
To: 'Chuck Thompson'; pmlsolicitors@lists.imla.orgmailto:pmlsolicitors@lists.imla.org
Subject: Re: [Pmlsolicitors] FW: Pmlsolicitors <pmlsolicitors-bounces@lists.imla.orgmailto:pmlsolicitors-bounces@lists.imla.org>
The City of Allentown gets multiple RTKs on these. We disclose the bills, but redact all descriptions. I don't think it is enough to just tell them the amount of fees, because they are entitled to know to whom paid, etc.
Susan Ellis Wild
Attorney at Law
Gross McGinley, LLP
From: Pmlsolicitors [mailto:pmlsolicitors-bounces@lists.imla.org] On Behalf Of Chuck Thompson
Sent: Monday, February 22, 2016 3:59 PM
To: pmlsolicitors@lists.imla.orgmailto:pmlsolicitors@lists.imla.org
Subject: [Pmlsolicitors] FW: Pmlsolicitors <pmlsolicitors-bounces@lists.imla.orgmailto:pmlsolicitors-bounces@lists.imla.org>
Fellow solicitors:
One of my governments received a right to know request for copies of all records of legal fees rendered to the Township.
I remember reading somewhere that the amount paid should be disclosed but not the itemized bill because what lawyers do for a government is protected by the Attorney Client privilege.
Do any of you have anything on this subject.
Thank you.
Jack
John A. Mihalik, Esquire
Hummel & Lewis, LLP
3 East Fifth Street
Bloomsburg, PA 17815
570/784-7516
570/387-8132 (fax)
CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner.
NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message.
IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.
NOTICE: This message, and any attached file, is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the individual reading this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. Nothing in this e-mail message should be construed as a legal opinion. If you have received this message in error, please notify me immediately by replying to this e-mail and delete all copies of the original message. Thank you.
IRS CIRCULAR 230 DISCLOSURE: Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax advice addressed herein.
"Saul Ewing LLP <saul.comhttp://saul.com>" made the following annotations:
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This e-mail may contain privileged, confidential, copyrighted, or other legally protected information. If you are not the intended recipient (even if the e-mail address is yours), you may not use, copy, or retransmit it. If you have received this by mistake please notify us by return e-mail, then delete.
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NOTICE: This message, and any attached file, is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the individual reading this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this message is strictly prohibited. Nothing in this e-mail message should be construed as a legal opinion. If you have received this message in error, please notify me immediately by replying to this e-mail and delete all copies of the original message. Thank you.
IRS CIRCULAR 230 DISCLOSURE: Pursuant to Treasury Regulations, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used or relied upon by you or any other person, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any tax advice addressed herein.