KMC Partner Michael L. Collins successfully represented a plaintiff that challenged the overbroad redactions that a public entity made to legal invoices that he requested under the Open Public Records Act (OPRA).
The left image shows the overbroad redactions that the public entity originally made to the legal invoices. The right image shows the legal invoices with significantly lesser redactions that the Superior Court ordered to be produced after conducting an in-camera review.
While OPRA contains an exception for matters falling within the attorney-client privilege, the statute states this “shall not be construed as exempting from access attorney or consultant bills or invoices except that such bills or invoices may be redacted to remove any information protected by the attorney-client privilege[.]” N.J.S.A. 47:1A-1.1. As a result of this successful litigation, the plaintiff was entitled to and recovered an award of reasonable attorneys’ fees.
The above-referenced litigation was docketed as Gilligan v. Wayne Township Board of Education, Superior Court of New Jersey, Docket No. PAS-L-309-24.
KMC provides representation to both public entities and private parties on issues involving the Open Public Records Act (OPRA). If you have an issue arising under OPRA, please contact Michael L. Collins, Esq. at mcollins@kingmoench.com or 732-546-3670.
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