Recker & Assocs. Co. v. State Dental Bd.

Citations

• 2019 Ohio 3268

Syllabus

Core Terms: public record court of claims R.C. 2743.75 R.C. 149.43 privilege trial preparation attorney work product solely specifically. Overview: Requester sought disclosure of questions and responses from a consumer survey commissioned by respondent. Respondent asserted that the survey contents were prepared in part to defend anticipated litigation, and was also attorney work product. The special master found that for the trial preparation privilege, materials need only be prepared specifically, not solely, in conscious and reasonable anticipation of trial. The special master found the evidence showed survey documents were specifically prepared for that purpose. However, the special master found insufficient evidence that the survey questions were prepared by or in consultation with counsel for respondent so as to reflect the attorney's mental processes. The same materials were therefore not shown to be subject to the common law attorney work product privilege. The special master recommended that the court deny the claim for production of records.