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published Monday, April 6th, 2009

East Ridge city attorney fees lawsuit hearing today

A hearing is set to take place today in a lawsuit filed by Hamilton County Commissioner Curtis Adams against the city of East Ridge about the disclosure of attorney John Anderson’s itemized billings to the city.

Mr. Adams’ lawyer, Jack Benson Jr., has subpoenaed Mr. Anderson to testify at the hearing. In a letter sent last Tuesday, Mr. Anderson’s lawyer said his client will not testify, in accordance with Tennessee law that states lawyers are exempt from subpoena to trial.

Mr. Anderson, however, said Friday he plans to be at the hearing to represent East Ridge in his normal capacity as the city attorney.

The hearing before Chancellor Howell Peoples is expected to begin about 9 a.m. Mr. Benson is expected to make his case for why East Ridge should turn over the details of Mr. Anderson’s billings for a judge to inspect.

The suit, filed March 16 on behalf of 88 East Ridge citizens, demands access to Mr. Anderson’s bills and asks the court to inspect the records, determine what’s privileged and make everything else known to the public.

The city has maintained that sharing the details of Mr. Anderson’s bills would violate “attorney-client privilege.”

Mr. Benson said Mr. Adams rejected an offer made by the city on March 25 because it did not guarantee a judge would be able to review all the documents requested in the suit.

“Nowhere in their offer do they say that they’re going to provide us ‘all documents,’” he said. “They just say that they’re going to provide us ‘documents.’ And now is not the time for them to be vague if they wish to settle this.”

East Ridge City Manager William Whitson declined to comment Friday, saying only that “we haven’t changed our position.”

Mr. Adams and city employees are expected to testify.

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