Township Council Meeting — Agenda

Super. 354, 378-79 (App. Div. 2010) (quoting Asbury Park Press v. Ocean Cnty. Prosecutor's Office, 374 N.J. Super. 312, 329 (Law Div. 2004)). OPRA expressly exempts from its definition of "government record" "inter-agency or intra-agency advisory, consultative, or deliberative material," and "any record within the attorney-client privilege." N.J.S.A. 47:1A-1.1. Here, defendants claimed, and the court found, the requested emails were exempt under OPRA because they fell within these two statutory exemptions. 7 We address the claimed exemptions, and their application to the emails at issue, in turn. "The attorney-client privilege has been codified in New Jersey, by both statute and rule, the terms of which are identical." Paff v. Div. of Law, 412 N.J. Super. 140 150 (App. Div. 2010). "To qualify for the privilege, a party must show that there was a confidential communication 'between [a] lawyer and his [or her] client in the course of that relationship and in professional confidence[.]" Tractenberg, 416 N.J. Super. at 375 (third alteration in original) (quoting N.J.R.E. 504(1)); N.J.S.A. 2A:84A-20(1). "Confidential communications are only those 'communications which the client either 7 We limit our discussion to the exemptions relied on by defendants in the February 25, 2019 letter to plaintiff and asserted by defendants before the motion court. A-2287-19 12 Pa012