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Colleen Grady
Colleen Grady, Attorney and Councelor at Law
Category: Education Law
Satisfied Customers: 555
Experience:  Assistant Principal, 17 years in the field of Education
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I am requesting Colleen Brady answer this question. In GA,

Customer Question

I am requesting Colleen Brady answer this question.In GA, are correspondence between a Teacher and his Lawyer and the School Board available by the Ga Open records Law?
Submitted: 10 months ago.
Category: Education Law
Expert:  Colleen Grady replied 10 months ago.

Hello. I have been an attorney for 27 years and have worked in the field of Education for 17 years. I will help you with your questions.

Expert:  Colleen Grady replied 10 months ago.

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.

Please let me know if I can help more. If you are satisfied with my help please rate me.

Customer: replied 10 months ago.
You misunderstood. At some point, the teacher threatened litigation against the board. They are on opposite sides. Does the public deserve to see why he threatened litigation
Expert:  Colleen Grady replied 10 months ago.

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.

Customer: replied 10 months ago.
I understand that. I am not asking for the information from his attorney. I am asking for everything sent from his attorney to the school board
Expert:  Colleen Grady replied 10 months ago.

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;"

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