Our 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

  1. Are all special use permits appr...

    No. Whether a special use permit is approved by the Township Planning Commission or recommended by the Planning Commission with approval by ...

    Read More
  2. Township Law Legal Update: Top F...

    In the last year, the Michigan Court of Appeals and Michigan Supreme Court have issued multiple decisions that impact townships. Although th...

    Read More
  3. New Paid Sick Time Requirements ...

    Federal law does not mandate any amount of paid leave for employees, but Michigan’s paid leave obligations may change in dramatic fashion....

    Read More
Talk to an Attorney
Request a Consultation

At 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.