Closed – Consultation With Legal Counsel
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FOI Advisory Council Opinion AO-04-24
The exemption for a closed meeting relating to discussion of actual or probable litigation does not require that legal counsel be present at the discussion. Briefings pertaining to actual or probable litigation may be performed by staff members or consultants. Conversely, the exemption for a closed meeting pertaining to consultation with legal counsel employed or…
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Cole v. Smyth County BOS (Supreme Court)
Supreme Court of VIrginia rules unanimously, May 28, 2020, that the Smyth County Board of Supervisors used an improper motion to go into closed session and talked about matters beyond the scope of the claimed exemption.
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FOI Advisory Council Opinion AO-02-19
A public body engaged in dispute resolution proceedings may hold closed meetings under the exemptions for discussion of actual or probable litigation and consultation with legal counsel on specific legal matters. However, it does not appear that FOIA or the various laws concerning dispute resolution have considered or addressed situations where two or more public…
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FOI Advisory Council Opinion AO-01-07
The closed meeting exemption for consultation with counsel regarding specific legal matters may not be used for the purpose of discussing a general policy in the absence of any specific legal transaction or dispute.
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FOI Advisory Council Opinion AO-07-00
Physical presence of lawyer is necessary for public body to invoke closed meeting exemption regarding consultation for advice on a specific legal matter; counsel’s presence is not necessarily demanded when the exemption for briefings on actual or probable litigation.