Gov. Chris Gregoire of Washington has just signed a bill clarifying that all legal fees charged to public agencies are part of public records. While the bill prima facie seems to be superfluous, its necessity cannot be ignored.

The bill, in its summary declares, "It is the intent of the Legislature to clarify that attorney invoices from private legal counsel are not exempt from disclosure under the Public Records Act." The background section of the bill clarifies that provisions regarding the disclosure of public records as contained in the PRA must be liberally interpreted. While the statutory exemptions to such disclosure must be narrowly interpreted in order to support a general policy that favors disclosure.

However, an attorney’s work product remains exempt from such disclosure. Based on past rulings, The House Committee On State Government & Tribal Affairs held that the definition of a “work product” includes “factual information which is collected or gathered by an attorney, as well as the attorney’s legal research, theories, opinions, and conclusions.” The framers of the bill opined that the attorney-client privilege was a narrow one and only “communication or advice between attorney and client in the course of the attorney’s professional employment” was protected. None of these privileges is sufficient to prevent the disclosure of attorney fees.

The bill followed the refusal of county officials to disclose the attorney fees paid by the county to The Olympian after losing a case of sexual harassment that involved the office of the prosecutor. The records, when released, disclosed that while the settlement award was only $1.5 million, an amount close to $6 million of the taxpayers’ money had been shelled out as attorney fees. The disclosure propelled the county to appeal against the monetary verdict to the state appeals court.

With the passing of HB 1897 into law, the details of fees charged by private attorneys to public agencies would become accessible, and such access might help to foster transparency and understanding in the charging process of legal fees. The mantle of confidentiality that shrouds the legal profession often makes it quite difficult for a client to find any market standard for legal fees. The same problem also accosts the novice solo practitioner in setting up shop. The chance, to tally the exact data of fees against the service providers and service provided, can provide a fruitful insight into market standards and practices. And of course, the system will become more accountable and transparent to the taxpayers.