Click for home page Office of the Attorney General - State of Texas
John Cornyn
image
 

October 12, 1999

Mr. Michael J. Currie
Henslee, Fowler Hepworth & Schwartz
800 Frost Bank Plaza
816 Congress Avenue
Austin, Texas 78701-2443

OR99-2911

Dear Mr. Currie:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 129393.

The Loop Independent School District, which you represent, received a request for all documents, correspondence, and memoranda concerning two individuals. You claim that the requested information is excepted from disclosure under sections 552.101, 552.103, and 552.107 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.107(1) excepts from disclosure information that an attorney cannot disclose because of a duty to his client. In Open Records Decision No. 574 (1990), this office concluded that section 552.107 excepts from public disclosure only "privileged information," that is, information that reflects either confidential communications from the client to the attorney or the attorney's legal advice or opinions; it does not apply to all client information held by a governmental body's attorney. Open Records Decision No. 574 at 5 (1990). When communications from attorney to client do not reveal the client's communications to the attorney, section 552.107 protects them only to the extent that such communications reveal the attorney's legal opinion or advice. ORD 574 at 3. In addition, basically factual communications from attorney to client, or between attorneys representing the client, are not protected. Id. We have reviewed the submitted documents and agree that the information submitted as Exhibits D through J is excepted from disclosure by section 552.107 as confidential client communications and an attorney's legal advice.(1)

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.

Sincerely,

E. Joanna Fitzgerald
Assistant Attorney General
Open Records Division

EJF\nc

Ref: ID# 129393

Encl: Submitted documents

cc: Mr. James Sundell
TSTA/NEA
UniServe Representative
316 West Twelfth Street
Austin, Texas 78701
(w/o enclosures)


 

Footnotes

1. Because section 552.107 of the Government Code is dispositive of this matter, it is not necessary to address your arguments regarding sections 552.101 and 552.103.
 

POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US
An Equal Employment Opportunity Employer


Home | ORLs