On Jan 13th a letter went out to the residents claiming Attorney Client Privilege (that doesn’t exist) justified hiding the action of hiding “Hiring a Lobbyist” from the community.
There is a difference between not being able to legally say something and simply wanting to hide something. There is nothing about attorney-client privilege that would have prevented the RA from telling the community about the extraordinary expense and the law is clear that it should have gone to a full vote. When Radburn hired a lobbyist, it was entered into the public record. (you can look it up freely on line). Logically when you willingly enter information into the public record you lose any claim to privilege and confidentiality.
According to American Bar Association”The attorney-client privilege only protects the essence of the communications actually had by the client and lawyer and only extends to information given for the purpose of obtaining legal representation.. The underlying information is not protected if it is available from another source. Therefore, information cannot be placed under an evidentiary “cloak” of protection simply because it has been told to the lawyer. . . once information has become generally known, not just known by some few others, it loses the protection of lawyer confidentiality. You can read that article HERE!
You can read a brilliantly written response by former board member Michael Alania right HERE!