Wikipedia entry on attorney-client privilege.
One of the arguments frequently advanced by Borough Attorney Eric Bernstein, to explain his refusal to make government documents available for public scrutiny through Open Publice Records Act requests, is that his client is Mayor Allen, not the Borough’s residents, and therefore his communications with Mayor Allen are exempt from public disclosure by virtue of the attorney-client privilege.
However, there are limits to that privilege, including situations in which any party other than the attorney and the client are present at a meeting, or included in a correspondence loop.
Determining whether the privilege has been broken requires review of the documents in question by a neutral third party, such as the Government Records Council, which Mr. Bernstein has also stonewalled in their requests for the relevant documents.
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