2018

Bergano v. City of Virginia Beach

Supreme Court of Virginia

296 Va. __, 821 S.E.2d 319

Landowner was engaged in eminent domain litigation with City in federal court. In order to support a request for landowner’s attorney’s fees, he made a VFOIA request for the legal and expert fees paid by the City in that case. The City provided extensively redacted records. Landowner filed a petition for writ of mandamus in state circuit court. The trial court held the City’s redactions were justified under the attorney-client and work-product exceptions. The Supreme Court reversed and remanded. The attorney-client privilege protects confidential communications. The work-product doctrine protects opinions and legal theories concerning the litigation. The exception to disclosure under VFOIA was if the billing information disclosed confidential information, legal advice or litigation strategy. The redactions were too broad and included items not shielded by the exceptions. The matter was sent back to review in camera and disclose unredacted records consistent with the Court’s opinion.

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