Page:Laman v. McCord.pdf/7

Rh ARK.]

LAMAN V.

MCCORD

407

JOHN A. FOGLEMAN, Justice. In view of the language of the act requiring that meetings of the governing bodies of municipalities shall be public "except as otherwise specifically provided by law," I agree that exceptions can only be made by statutory law. I do not think that Ark. Stat. Ann. § 28-601 (Repl. I:962) is amended or repealed by Act 93 of 1967, either expressly or by implication. There is no conflict between these acts because § 28-601 does not specifically provide for private conferences between attorney and client. That section simply affords a measure of protection to the client against disclosure of the subject matter of those conferences. Thus, there is no specific provision of law which permits the governing board of a city collectively to have the advantage of confidential communication with its attorney.

I do not agree, however, that the scope of the attorney-client privilege is as limited as might be inferred from the majority opinion. The privilege is designed to protect from disclosure not only the communications of client to attorney, but also the advice of the attorney based thereon. The protection is not limited to matters which are the subject of pending cases. This court said in Bobo v. Bryson, 21 Ark. 387: upon the subject of his rights and liabilities. Nor is it necessary that any judicial proceedings in particular should have been commenced or contemplated; it is enough if the matter in hand, like every other human transaction, may by possibility become the subject of judicial enquiry. The great object of the rule seems plainly to require that the entire professional intercourse between client and attorney, whatever it may have consisted in, should
 * * This protection extends to every communication which the client makes to his legal adviser, for the purpose of professional advice or aid,