Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
What is attorney-client privilege? Are communications subject to attorney-client privilege only if they contain an explicit notice notifying as much?
(1) What is attorney-client privilege?
Attorney-client privilege protects certain communications made between the Township and your Township attorney from disclosure to members of the public, hostile individuals or outside entities. Not all communications between the Township and the Township attorney are subject to attorney-client privilege. The communication must be intended to be confidential, and concern legal advice.
(2) Are communications subject to attorney-client privilege only if they contain an explicit notice notifying as much?
No. Township officials and employees receive a wide range of documents and correspondences from their trusted legal counsel during the course of performing their official functions and duties. A portion of those documents or correspondences, including legal opinions, memorandums, or emails, will include a prelude similar to the following: “CONFIDENTIAL CORRESPONDENCE SUBJECT TO ATTORNEY-CLIENT PRIVILEGE.” Regardless of whether explicitly noticed, the privilege attaches to any communication made to, from, or with your Township attorney intended to be confidential for the purpose of requesting or receiving legal advice.
Recent Articles & Announcements
-
-
Drawing the Line: Government Spe...
The First Amendment limits how Michigan municipalities and townships may regulate private speech, but it does not limit their own speech. Th...
Read More -
Do employees have First Amendmen...
In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read More
Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
