Smith v. Ohio State Univ. Office of Compliance & Integrity

Citations

• 2022 Ohio 2659

Syllabus

public record R.C. 149.43 court of claims R.C. 2743.75 attorney-client privilege waiver trial preparation attorney work-product R.C. 149.43(A)(4). Requester sought copies of a contract to create, and draft documents of, a settlement program developed by respondent's appointed counsel and a consultant. Respondent withheld the records in their entirety as confidential attorney-client communications, trial preparation records, attorney work-product, records subject to a non-testifying consultant privilege, and/or Rule 1.6 of the Rules of Professional Conduct. The special master found the attorney work-product privilege and non-testifying consultant privilege are rules of procedure that apply only in the context of civil discovery, not as free-standing public records exemptions. The special master further found that the university's consulting agreement with counsel contained only administrative contractual terms and not any confidential attorney-client communications. The special master further found that respondent made only bare, conclusory allegations of attorney-client privilege and trial preparation records without any explanation or evidence of a request for, delivery of, or even the nature of, any legal issue involved in cover emails and attached drafts of the settlement program claim form, instructions, and FAQs.