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This is an online event.
Understanding and Applying Privileges for State and Local Government Entity Clients
April 14, 2022 4:05-5:00 pm
Presented by:
Matthew J. Hegarty, Hall & Evans, LLC
Course Description
Lawyers and paralegals who do work for public entity clients must have a big-picture grasp of the wide range of privileges available to those clients. Watch for pitfalls to avoid in outworking and applying these privileges. Finally, strategies for appropriate assertion of such privileges in litigation, should such assertion become necessary, are vital.
Course Outline
APPLY SUNBLOCK: WIDE SCOPE OF PRIVILEGES AVAILABLE TO PUBLIC ENTITIES UNDER COLORADO STATE LAW
- Presumption under CORA/COML is “open for public inspection”
- Attorney-Client Privilege
- Work Product Doctrine (for litigation, not under CORA)
- Deliberative Process Privilege
- Mental Process Privilege
Privileges Under Colorado Open Records Act
- What is and is not a “public record” under CORA
- “Work product” (as defined under CORA)
- “Personnel files”
- Other miscellaneous common categories
Privileges Under the Colorado Open Meetings Law
- Executive session (strict compliance with the statute)
- If interaction is not a “meeting” under COML
AVOID SUNBURN: APPLY THE PRIVILEGE PROPERLY
- Avoid disclosing privileged material to third parties – potential waiver
- Retain, maintain, and dispose of public records properly, including e-records
- Develop a comprehensive public records policy
- Execute procedures for granting or denying access to public records
- Properly notice and record public meetings
- Cannot take formal action without a public meeting
OPEN UMBRELLA: ASSERTING PUBLIC ENTITY PRIVILEGES IN LITIGATION
- Generate a Vaughn index with appropriate affidavit
- React to lawsuit brought by claimant denied right of inspection or observation
- Can apply preemptively in District Court for order forbidding inspection (CORA)
- Understand C.R.C.P. 26 discovery is not same as CORA inspection
- Respond appropriately to subpoenas