A recent ruling from the Massachusetts Appeals Court confirms that email correspondence between Concord’s Select Board members and the town manager is protected by attorney-client privilege, even when no lawyer is included in the communication. This decision emerged from a legal dispute involving residents Susannah Kay and Brooks Read, who were sued by the town over blocking access to a public trail abutting their properties.
The plaintiffs requested unredacted versions of emails exchanged between the Select Board and town officials. While the town argued that certain emails were protected by attorney-client privilege, the plaintiffs contended that such privilege did not apply without an attorney being directly involved. The Appeals Court sided with the town, finding that four of the emails were indeed privileged because they were made to seek legal advice, even without an attorney’s direct involvement.
This ruling marks a significant clarification for public entities, emphasizing that emails regarding legal advice, even without a lawyer, can remain protected. It also reaffirms that the Massachusetts open meeting law does not automatically waive such privileges for municipalities.
For those in municipal governance, the case reinforces the importance of preserving legal protections while communicating about legal matters. However, experts caution that the ruling doesn’t make attorney-client privilege absolute, and public officials should still ensure proper legal procedures are followed.
The case, Kay et al. v. Town of Concord, is an important decision that could shape how municipalities handle legal communications moving forward.