J. Litigation; pending litigation or other attorney-client privileges.

The FOIA does not permit an executive session to discuss pending litigation, Ark. Op. Att’y Gen. Nos. 96-372, 95-360, and the attorney-client privilege does not qualify as an exemption that would allow such a session. Laman v. McCord, 245 Ark. 401, 432 S.W.2d 753 (1968). Moreover, the governing body’s attorney is not included in the list of persons who may attend an executive session held pursuant to the personnel exemption. Ark. Code Ann. § 25-19-106(c)(2). See Ark. Op. Att’y Gen. No. 85-181. The Attorney General has also opined that a lawyer may not attend an executive session held under the authority of another statute, such as the provision authorizing closed meetings for student disciplinary matters. Ark. Op. Att’y Gen. No. 87-478. This conclusion is highly dubious because Section 25-19-106(c)(2) deals only with those who may attend a closed meeting to discuss personnel matters. If a governing body meets in executive session pursuant to the FOIA’s licensing exemption, Ark. Code Ann. § 25-19-106(c)(5), or a specific statute that qualifies as an FOIA exemption, the body should, in its discretion, be able to permit attorneys (and others) to attend. See Ark. Op. Att’y Gen. No. 96-009 (parents may attend closed school board meeting held for the purpose of discussing a student’s expulsion).