Michael C. Harrington v. Freedom of Information Commission

Summary

The court reversed and remanded an administrative decision that withheld hundreds of communications under the attorney-client privilege. It held that when communications contain both legal and business advice, the privilege turns on whether obtaining or providing legal advice was their primary purpose, and that separable privileged material may need to be redacted rather than withholding the entire communication. The commission had not applied that standard or adequately evaluated individual communications, including those involving lobbying activities and third parties.