From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Are a solicitor’s bills public records?

A: Yes, although certain information in the bills/invoices may be redacted.

As a preliminary matter, the bills are public records because they are an "account" relating to the spending of public money. Although a municipality may be able to redact certain information on the bills that would disclose confidential attorney/client privileged information, other information on the bills would not fall under the attorney/client privilege and must be provided. An agency should not be permitted to redact the entire "services rendered" part of the bill, because some of that information would not be privileged.

For example, the individual matter names (in most cases) would not be confidential. The public should be entitled to know how much the municipality has paid its lawyers to investigate, pursue and/or defend individual cases. Obviously, the total amount spent by the township is also public information. Statements on the bills that refer to the general type of work being performed (that do not get into case strategy or advice given) should also be public. For example, there is nothing privileged about an entry that reads "prepared for and attended zoning hearing" or "research."

On the other hand, the municipality could redact information that would reveal case strategy or the specific nature of some of the services provided. 

Finally, under the amended Right to Know Law, if an agency redacts information from a public record, the matter that has been redacted is treated as a denial. The amended Law requires an agency to give a written explanation (including a citation to any supporting legal authority) to the requester, explaining why the agency believes the redacted material is not public. 

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