Reference Library

Attorney-Client Privilege

• Also see the Right to Know Law
• Thomas Ettinger & a. v. Town of Madison Planning Board
  Argued: October 13, 2011 Opinion Issued: December 8, 2011
  A public body may meet in non-public session to read and review correspondence from town counsel but they must return to open session to discuss the materials in the context of the matter at hand.
  "Had the legislature intended the exclusion in RSA 91-A:2, I(b) to cover not just consultations with legal counsel but also "consideration or discussion of the advice of counsel," the statute would have said as much. In this case, the Board met in a private session not only to read the memorandum prepared at the direction of the attorney, but also to "discuss" and "consider" the memorandum without counsel present. In the absence of an applicable exception, the clear legislative mandate of the Right-to-Know Law requires that they do so in the open. See District Atty. v. Bd. of Selectmen, 481 N.E.2d at 1131."
• RSA 42:1-a
  A breach of confidentiality is a violation of the oath of office and grounds for removal by petition to Superior Court.