Brian P. Walter

When public sector lawyers sue, Walter is often the go-to defender. As chair of his firm's litigation practice group, he has specialized in defending public employers against claims brought by their former attorneys. The cases tend to be particularly complex and sensitive because most of the discovery, both written and in depositions, involves communications involving attorneys, and the cases require extensive and complex privilege assertions and discovery motions. Walter's focus on preserving the privilege also assures that in the future, government officials are not chilled or restricted in what they can communicate to their attorneys.

"Government attorneys often think they have the right to disclose privileged information to support their employment claims," Walter said. "We say they don't. It's the client who holds the privilege, not the attorney."

When Anaheim's former city attorney was asked to resign and sued on allegations she was subjected to discrimination and violation of her due process rights based on her national origin, gender and age, Walter defended the city and city council members. The former city attorney, Cristina Talley, claimed that the council questioned her performance and loyalty because her opinions allegedly aligned with those of the Latino community. Talley v. City of Anaheim, SA CV14-1864 (C.D. Cal., filed Oct. 20, 2014) The case is set for trial on Sept. 12.

"There were issues involving race relations," Walter said, "including a police shooting [in June 2012] that had the Hispanic community upset and a Voting Rights Act lawsuit filed against the city. That wasn't only a Latino issue, but Talley claims it was a factor in her being asked to resign." One issue is Talley claims she faced racial bias. "Ironically enough, that's a question," Walter said. "Some council member asked her to resign before learning she is Latina."

But as is often the case, a major problem is the question of client confidentiality and client trust, Walter said. "She is willing to go into data about confidential legal advice she gave the council," he said of Talley. "The city is saying she can't reveal privileged communications to try to prove her claims." Beyond the confines of the case, Walter said he is aware of the larger need for government agencies to preserve the privilege and have confidence in the privacy of its communications with its counsel.

The parties are conducting pretrial litigation over what can and cannot be disclosed in court. U.S. District Judge David O. Carter of Santa Ana is making the hard calls. "We got a ruling yesterday," Walter said in late June, declining to disclose the sensitive specifics. "It is under seal."

— John Roemer