But there is a difference between the third-party billing review situation and the state’s situation. The state of SD represents THE PEOPLE OF SOUTH DAKOTA. So, I’d argue, no breach of confidentiality. If the people aren’t the client, who is? The client always has the right to review their bill. We’re the client, right?

Further, identifying information as to legal theories for defense and any attorney-client confidential information could be redacted prior to release.

Also, if attorneys know their bills will be scrutinized by the public they are ultimately working for, perhaps they will then not disclose confidential information or legal theories of defense, etc. in their billing statements.

This is not an all or nothing proposition re obtaining billing information from law firms hired by the state to do the people’s business.

Todd