Professional Fire Fighters v. New Hampshire Local Government Center
163 N.H. 613
| N.H. | 2012Background
- PFFNH appealed a Superior Court decision about RSA 91-A disclosures by LGC.
- LGC produced most requested documents but redacted some portions under attorney-client privilege.
- PFFNH sought unredacted minutes of fourteen meetings from 2000–2009.
- PFFNH argued open-meeting discussions with counsel should destroy the privilege; LGC contended privilege applies.
- Superior Court denied the motion to compel; this appeal followed.
- Court conducted de novo review of statutory interpretation and privilege applicability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does attorney-client privilege survive when minutes memorialize confidential counsel discussions in open meetings? | PFFNH asserts privilege is defeated by open-meeting context. | LGC contends privilege applies regardless of openness if no third-party attendees were present. | Yes; privilege survives despite open meeting, absent third-party presence. |
Key Cases Cited
- Hampton Police Assoc. v. Town of Hampton, 162 N.H. 7 (2011) (privilege applies when confidential communications occur absent public attendance)
- Society for Protection of N.H. Forests v. Water Supply & Pollution Control Comm'n, 115 N.H. 192 (1975) (confidential information within the attorney-client privilege exemption)
- Riddle Spring Realty Co. v. State, 107 N.H. 271 (1966) (classic articulation of attorney-client privilege)
- State v. Stickney, 148 N.H. 232 (2002) (confidential communications protected when reasonably believed private)