Legal Definitions - legal-advice exception

The term legal-advice exception refers to two distinct situations in law where certain information or meetings, typically required to be public or discoverable, can be kept confidential due to the need for legal counsel.

1. Protecting Client Identity and Fee Information in Criminal Matters

This aspect of the legal-advice exception allows an attorney to withhold a client's identity and details about their legal fees, even though this information is generally not covered by attorney-client privilege. This narrow exception applies when there is a strong likelihood that disclosing the client's identity or fee information would directly implicate them in the specific criminal activity for which they sought the attorney's advice.

• Example 1: Protecting a Client's Identity

  A person contacts an attorney, seeking urgent legal advice about a recent cybercrime. They confess their involvement but are not yet identified by law enforcement. If the attorney were compelled to reveal the client's name, and that name was not previously known to investigators in connection with the cybercrime, its disclosure would directly link the client to the offense they are discussing with their lawyer. In this specific scenario, the legal-advice exception might allow the attorney to keep the client's identity confidential.

  Explanation: This illustrates how the exception protects a client's identity when its revelation would directly incriminate them in the criminal activity for which they are seeking legal counsel, ensuring they can obtain advice without the act of seeking it becoming evidence against them.

• Example 2: Protecting Fee Information

  An individual suspected of insider trading pays their attorney a substantial sum using a complex series of transactions involving shell companies. Law enforcement, investigating the insider trading, subpoenas the attorney's financial records, specifically seeking details about how the legal fees were paid. If disclosing the intricate payment structure would strongly suggest the client was laundering money or using illicit gains to pay for legal services, thereby implicating them further in the alleged insider trading or related financial crimes, the attorney might invoke the legal-advice exception to protect that fee information.

  Explanation: This example demonstrates the exception applying to fee information, particularly when the method or source of payment itself could serve as evidence of the client's involvement in the crime for which they sought legal advice.

2. Allowing Government Bodies to Meet Privately with Legal Counsel

This second meaning of the legal-advice exception is an exemption found in "open-meetings" legislation (often called "Sunshine Laws"). These laws typically require governmental bodies, such as city councils, school boards, or public commissions, to conduct their business in public to ensure transparency. However, this exception permits these bodies to hold private, closed-door sessions specifically to consult with their attorney about sensitive legal matters.

The purpose is to allow government entities to receive confidential legal advice, discuss litigation strategy, or review legal risks without public disclosure, similar to how a private client consults with their lawyer in confidence. This ensures the government can effectively protect its interests and manage legal challenges.

• Example 1: Discussing a Pending Lawsuit

  A county board of supervisors is facing a class-action lawsuit filed by residents alleging environmental damage from a county-operated landfill. Before making any public statements or decisions, the board needs to understand the legal merits of the case, potential liabilities, and defense strategies. They would likely invoke the legal-advice exception to hold a closed session with the county attorney to discuss the lawsuit's details, receive confidential legal advice, and plan their response.

  Explanation: This illustrates the exception allowing a government body to privately consult with its attorney about ongoing or threatened litigation, protecting their legal strategy and confidential advice from public view, which could otherwise compromise their position in court.

• Example 2: Reviewing a Complex Contract

  A municipal water authority is negotiating a new, long-term contract with a private company for water treatment services. The contract involves intricate regulatory compliance, financial risks, and potential penalties. The authority's board would meet in a closed session with its legal counsel to thoroughly review the contract's legal implications, discuss negotiation tactics, and receive advice on how to best protect the public's interests, utilizing the legal-advice exception.

  Explanation: Here, the exception enables the board to receive confidential legal advice regarding a sensitive contractual matter, ensuring they can strategize effectively and protect public resources without revealing their negotiating position to the other party.

• Example 3: Addressing a Personnel Legal Issue

  A public school board is dealing with a complex legal issue involving a high-ranking employee, potentially leading to disciplinary action or termination. Before making any public announcements or decisions, the board needs to understand the legal rights of the employee, potential liabilities for the district, and the correct legal procedures to follow. They would hold a closed meeting with the school district's attorney under the legal-advice exception to discuss the specific legal implications and receive guidance on navigating the sensitive personnel matter.

  Explanation: This example shows the exception being used for a government body to obtain confidential legal guidance on a sensitive personnel issue, ensuring they can act in accordance with the law and minimize legal risks without prematurely disclosing private information.