In essence, it means that communications between the attorney and the client are confidential and cannot be disclosed by the attorney unless either the client waives the privilege, there is an exception to the privilege, or it is “pierced” due to other circumstances.
This document is a complete copy of P.L. 2001, c. 404, commonly known as the Open Public Records Act. It is the full text of the law, specially formatted to be easily readable and to serve as a reference document for users.
Entries that contain descriptions of legal services that disclose legal strategy, including the identification of particular matters assigned to legal counsel for review, or would reveal the specific contents of confidential communications between the attorney and the client are protected by the attorney-client privilege.
In Levy v. Senate of Pennsylvania, 65 A.3d 361, 373 (Pa. 2013), the Pennsylvania Supreme Court applied the attorney-client privilege to descriptions of legal services contained within legal invoices. In determining whether the privilege applied to a particular entry in an invoice, the Court explained:
Similarly, the attorney-client privilege is even broader than the attorney work-product privilege in one respect, in that it protects all confidential communications between client and attorney, not merely those made in anticipation of litigation. See FOIA Update, Fall 1984, at 6; FOIA Update, Summer 1983, at 6.
The term "public record" refers to all government records that have "been made, maintained or kept on file in the course of . . . official business by any officer, commission, agency, or authority of the state." N.J. Stat. Ann. § 47:1A-1.1.
SECTION 1 – OPRA DEFINED What is the Open Public Records Act (OPRA)? OPRA is the State statute that replaces the old “Right to Know Law” which governs the public's access to government records in New Jersey. The law is compiled in the statutes as N.J.S.A. 47:1A-1 et seq.
The new standard in public records for New Jersey. Every citizen has the right to request public records held by state & local government agencies - including townships, counties, school districts & independent authorities - under the New Jersey Open Public Records Act (OPRA).
In New Jersey, with several exceptions, police reports are considered public records and are available under the Open Public Records Act, or OPRA. Public records requests must be in writing and can be made in person, by mail or electronically.
The Options Price Reporting Authority (OPRA) is a committee of representatives from participating securities exchanges responsible for providing last-sale options quotations and information from the participating exchanges.
How to File an OPRA RequestIdentify the Records Custodian! The records custodian is the person who handles the agency's OPRA requests. ... Draft a Valid OPRA Request! A valid request must sufficiently identify the documents that are being requested. ... Submit Your Request! ... Receive a Response! ... Challenge Unlawful Denials!
Yes, New Jersey arrest records are public, according to the state's Open Public Records Act. New Jersey law enforcement generates state public arrest records and makes them available to anyone interested in an arrest search. Individuals looking for free arrest records may look to online third-party record alternatives.
While body cameras are considered a new frontier in public records fights, the bill would roll back access to 911 calls, which have long been considered public records in New Jersey and across the U.S.
No criminal background checks will be conducted until there is a conditional offer of employment, and then there is a restricted “look back” period for various types of criminal offenses, ranging from five to eight years.
New Jersey law allows up to seven days to respond to a records request. Failure by a department to respond in this time frame is considered a denial of the request.
In 2006, a federal appeals court (the Third Circuit ), in the case Lee v. Minner, rejected the constitutionality of Delaware's law that disallowed non-residents from making public record requests.
Sen . Loretta Weinberg proposed to revamp the state's 1975 Open Public Meetings Act, which regulates how governments hold public meetings. "The advancement of new technologies has raised questions not envisioned when the Legislature adopted the measure three decades ago," said Weinberg during a Sunshine Week NJ FOG sponsored event. The bill she was sponsoring was Senate Bill 1548 (identical to Assembly Bill 2841).
Private entities in New Jersey are subject to the public records law if they receive public funds, were created by a public body, are controlled by a public body or perform a public function.
On May 26, a New Jersey Supreme Court committee proposed that the court amend the rule to provide an exception to the duty of an attorney to maintain the confidentiality of a client’s information when such information relates to a wrongful conviction. In the report outlining its recommendations, the Supreme Court’s Working Group on the Duty ...
The committee also stated that an attorney-client privilege exception for wrongful convictions was necessary to maintain the public’s confidence in the criminal justice system.
At Rosenblatt Law, our experienced Hackensack criminal defense attorneys will assess the strength of the evidence against you and advise you on your available options. If necessary, we have the resources available to conduct a private investigation, contact witnesses, and obtain evidence that may be useful to your case. While treating you with the utmost respect, our criminal defense law firm will do everything in our power to ensure that your case is successful. Please contact us today for a consultation.
In asserting that the proposed rule revision is similar to recent rule changes in Massachusetts and Alaska, the committee stated that there was no evidence that the changes had any impact on attorney-client relationships in those states. Experts believe that the court is likely to be cautious regarding any significant rule changes.
Request for legal invoices require analysis of two privileges: the attorney-client privilege and the attorney-work product doctrine. Open records officers must be aware of these privileges to avoid accidental disclosure of protected information.
The “work product rule” is closely related to the attorney-client privilege but is broader because it protects any material, regardless of whether it is confidential, prepared by the attorney, usually in anticipation of litigation. In Levy v.
In contrast, an entry that generically states that counsel made a telephone call for a specific amount of time to the client is not information protected by the attorney-client privilege but, instead, is subject to disclosure under the specific provisions of the RTKL. Id. at 373-74.