- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 09-09-2021
- Case #: A169203
- Judge(s)/Court Below: Armstrong, P.J. for the Court; James, J.; & Aoyagi, J.
- Full Text Opinion
Defendant appealed a grant of summary judgment in favor of plaintiff and denial of defendant’s motion. On appeal, Defendant assigned error to the trial court’s determination that bill-drafting requests by agencies to the Office of the Legislative Counsel are not protected from disclosure by the lawyer-client privilege. The judgment entered by the trial court directed the Department of Administrative Services to turn the documents over to plaintiff. On appeal, Defendant argued that the bill-drafting requests are protected because state agencies who submit bill-drafting requests to the Office of the Legislative Counsel are “clients” for purposes of OEC 503. On appeal, the Court determined that for purposes of lawyer-client privilege under OEC 503, the Department of Administrative Services is effectively a client of the Legislative Counsel. As such, their communications are protected by the lawyer-client privilege under OEC 503. Reversed and Remanded.