Martin E. O’Boyle v. Borough of Longport (A-16-12; 070999)
The Court expressly adopts the common interest rule as articulated in LaPorta v. Gloucester County Board of Chosen Freeholders, 340 N.J. Super. 254 (App. Div. 2001). Applying that rule, the private attorney’s protected attorney work product remained privileged despite its disclosure to the third-party municipal attorney because the materials were shared in a manner calculated to preserve their confidentiality, in anticipation of litigation, and in furtherance of a common purpose. The requestor also failed to articulate a particularized need for the withheld materials as required to obtain privileged materials under the common law right of access