Chaimov v. Dept. of Admin. Services

The lawyer-client privilege, articulated in OEC 503, applies to public entities. Including communications between the Department of Administrative Services and the Office of the Legislative Counsel.

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.