Pending & Threatened Litigation
. Boards may go into executive session “to consider litigation…" Merriam-Webster’s Dictionary defines consider
as “to think about something or someone carefully especially in order
to make a choice or decision.” Black’s Law Dictionary defines litigation
“A lawsuit. Legal action, including all proceedings.” Based on these
definitions both threatened and pending litigation fall under the
executive session privilege.
. Non-litigation matters, such as
legal opinions related insurance, personnel, maintenance, easements,
recalls, etc. would also be appropriate topics for executive session.
Whenever the association's attorney is giving legal advice
to the board,
it is protected under Evidence Code §§950-962.
. Meeting in executive session preserves attorney-client privilege
as well as confidentiality of litigation strategy and settlement strategies for threatened and pending litigation. Also see exclusion of adversarial director
from executive session.
The association's attorney does not need to be present for the board to meet and discuss legal issues.
: Associations needing legal assistance can contact us
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