HomeMy WebLinkAboutCouncil Policy No. 100-12 - Inspection of Invoices for Legal Services Rendered
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Inspection of Invoices for Legal Policy No. 100-12
Services Rendered Effective Date: 9/12/06
Page No. 1 of 2
BACKGROUND
The California Evidence Code defines a privileged communication between a lawyer and
client as “information” that is transmitted. Section 952 of the Evidence Code sets forth the
general definition:
§ 952. “Confidential communication between client and lawyer”
As used in this article, “confidential communication between client and
lawyer” means information transmitted between a client and his or her lawyer in
the course of that relationship and in confidence by a means which, so far as the
client is aware, discloses the information to no third persons other than those who
are present to further the interest of the client in the consultation or those to whom
disclosure is reasonably necessary for the transmission of the information or the
accomplishment of the purpose for which the lawyer is consulted, and includes a
legal opinion formed and the advice given by the lawyer in the course of that
relationship. A communication between a client and his or her lawyer is not
deemed lacking in confidentiality solely because the communication is
transmitted by facsimile, cellular telephone, or other electronic means between the
client and his or her lawyer.
The invoices from the City’s legal counsel may constitute “confidential communication”
in that such bills include descriptions of the legal services provided. For example, those
descriptions may contain information regarding legal strategies, evaluations of the merits of a
particular matter, or the resources that are being brought to bear in support of the City’s position.
Such descriptions are entitled to the protections under the attorney-client privilege. Disclosure of
that information to unauthorized third-parties effectively waives the privilege and may adversely
affect the City in negotiations and litigation matters. Accordingly, maintaining the
confidentiality of such communications is critical to the City’s self-interest.
Access to such invoices is also critical to members of the City Council in order to assure
the appropriateness of any expenditure of public funds. By allowing inspections of legal services
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Inspection of Invoices for Legal Policy No. 100-12
Services Rendered Page No. 2 of 2
invoices with adequate safeguards to assure that confidentiality it maintained, the policy
advances both the goal of fiscal oversight by the City Council while maintaining the
confidentiality of any privileged communications.
PURPOSE
The purpose of this Policy No. 100-12 is to provide uniform guidance for the review and
disclosure of invoices for legal services provided by the City Attorney.
POLICY
Legal counsel for the City, including the City Attorney, provide invoices for legal services
rendered that may contain information protected from disclosure by the attorney-client privilege.
Individual members of the City Council, acting in their official capacity and to serve the interest
of the City, may inspect such invoices by making a request to the City Manager and without
further authorization from the City Council. In order to assure that the protected
communications remain confidential, any such inspection shall be carried out at City Hall under
the supervision of the City Clerk and any such Councilmember conducting the inspection shall
not copy or otherwise reproduce such invoices without the express authorization of the City
Council. Additionally, a Councilmember shall not publicly disclose any privileged information
obtained from such inspection.
HISTORY
Adopted by Resolution No. 2006-152 9/12/06