Education Law Questions? Ask an Education Lawyer
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Under Georgia Law O.C.G.A. 24-9-24 (2010), attorney communications with a client are not open records. Here is what the law states:24-9-24. Client's communications to attorney privileged Communications to any attorney or to his employee to be transmitted to the attorney pending his employment or in anticipation thereof shall never be heard by the court. The attorney shall not disclose the advice or counsel he may give to his client, nor produce or deliver up title deeds or other papers, except evidences of debt left in his possession by his client. This Code section shall not exclude the attorney as a witness to any facts which may transpire in connection with his employment.
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The attorney client privilege is an absolute right to privacy. An attorney is bound by an oath to keep client communications between the attorney and the client. The attorney could have his or her license taken away if those communications are provided to anyone else.
If there is an open investigation of a complaint by the school board, these communications from the attorney may not be available until 10 days after the investigation is concluded. Here is what the law states (§ 50-18-72. When public disclosure not required; disclosure of exempting legal authority):
"(5) Records that consist of confidential evaluations submitted to, or examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged;(6)(A) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned;"