“When is a Lawyer Not a Lawyer?”—And Other Questions that Must be Answered when Asserting the Governmental Attorney-Client Privilege Under Open Government Legislation

Reviews the governmental attorney-client exceptions under the Texas open government laws, discusses the governmental attorney-client privilege by defining both the governmental attorney and the governmental attorney’s client, and establishes practical steps to protect governmental attorney-client communications. Further, illustrates how the attorney-client privilege and principle of open government are in conflict, and how they work together through the exceptions laid out in the Texas Open Meetings Act and the Texas Public Information Act. Finally, covers solutions for the governmental attorney client-privilege for courts and the Office of the Attorney General.