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Virginia FOIA cases we may take

The Virginia Freedom of Information Act gives the public the right to see government records and attend government meetings. When a public body ignores a request, withholds records it should release, or meets behind closed doors, we can ask a court to enforce the law. We take a limited number of these matters, so we ask everyone to answer the questions below first.

It takes about ten minutes. Answer what you can; "not sure" is always an acceptable answer.

Preliminary inquiry only — no attorney-client relationship

Completing a questionnaire, submitting a form, calling, or emailing the firm is a preliminary inquiry. It does not create an attorney-client relationship. Thomas H. Roberts & Associates, PC does not represent you unless and until the firm agrees to do so in a written, signed fee agreement.

Consistent with Rule 1.18 of the Virginia Rules of Professional Conduct, we treat the information you provide in a preliminary inquiry as confidential, and we will not use or reveal it except as those Rules permit. That confidentiality does not make you our client, does not mean we have agreed to take your matter, and does not mean the firm is protecting any deadline for you. You alone remain responsible for every statute of limitations, notice requirement, and filing deadline until the firm has agreed to represent you in a written, signed fee agreement.

So that we can first check for conflicts of interest, please share only the basic facts needed to evaluate your matter, and do not send confidential information or documents until we have spoken.

Matters we look for

  • Requests to Virginia state or local public bodies that were ignored or answered late
  • Records withheld or heavily redacted without a valid exemption
  • Unreasonable charges or delays used to block a request
  • Public meetings closed improperly, or held without required notice
  • Help drafting a request that will hold up if it has to be enforced

Matters we usually can't take

  • Requests to federal agencies (the federal FOIA is a different law)
  • Requests to private companies or individuals
  • Requests by people who are incarcerated (Virginia FOIA does not give them rights)
  • Requests to public bodies outside Virginia

Every matter is different, and these are general guides, not rules. If you are unsure, complete the questions and we will review them. Submitting this form does not make you our client.

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