Cases & Developments

Opinion reversing and remanding.  Plaintiff, the Franklin Center for Government and Public Integrity, sued the University of Texas at Austin under the Texas Public Information Act seeking complete access to the documents underlying a report by an external investigator examining whether external pressures influenced admissions decisions at the University.  At issue was whether three sets of documents related to the production of the report, which was always intended for public release, are protected by attorney-client privilege.  After finding that the investigator was employed by the System’s General Counsel as a lawyer’s representative, the Supreme Court of Texas held, first, that drafts of communications to be sent by the System’s General Counsel to University employees that were reviewed by the investigator in preparation for interviews are within the scope of privilege because no mention of those communications appeared in the released report.  It held, however, that the trial court must determine on remand whether the released report disclosed in “significant part” (1) internal communications between System and University lawyers that were subsequently listed in a privilege log and shared with the investigators and (2) typed and handwritten notes created by the investigator based on interviews with System and University employees.