Office of Information Practices

U Memo 25-15
February 26, 2025
Attorney-Client Communications

Requester sought copies of documents from the County of Maui Department of Planning (PLAN-M).  PLAN-M partially granted and partially denied the record request, asserting that some of the responsive records were communications between the County of Maui Department of the Corporation Counsel (CORP CNSL-M) “regarding legal issues.”  OIP found that most of the withheld records consisted of communications between PLAN-M and CORP CNSL-M.  OIP concluded that, as communications between attorney and client regarding legal services, the responsive records were generally protected by the attorney-client privilege.  However, PLAN-M had voluntarily disclosed to Requester specific parts of the communications from CORP CNSL-M and informed Requester that those portions of the communications were advice from CORP CNSL-M to PLAN-M.  OIP therefore concluded that the portions of the responsive records that PLAN-M had already voluntarily disclosed to Requester must be disclosed, as well as an email between two PLAN-M employees that was not sent to or from CORP CNSL-M.  OIP concluded that the remainder of the emails between PLAN-M and CORP CNSL-M may be redacted.