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advice from, its legal counsel regarding pending litigation when discussion in open session
concerning those matters would prejudice the position of the local agency in the litigation.

(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those
provided in this section are hereby abrogated. This section is the exclusive expression of the
lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this
chapter.

(c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including
eminent domain, before a court, administrative body exercising its adjudicatory authority,
hearing officer, or arbitrator.

(d) For purposes of this section, litigation shall be considered pending when any of the
following circumstances exist:

(1) Litigation, to which the local agency is a party, has been initiated formally.

(2) A point has been reached where, in the opinion of the legislative body of the local agency on
the advice of its legal counsel, based on existing facts and circumstances, there is a significant
exposure to litigation against the local agency.

(3) Based on existing facts and circumstances, the legislative body of the local agency is
meeting only to decide whether a closed session is authorized pursuant to paragraph (2).

(4) Based on existing facts and circumstances, the legislative body of the local agency has
decided to initiate or is deciding whether to initiate litigation.

(e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances”
shall consist only of one of the following:

(1) Facts and circumstances that might result in litigation against the local agency but which the
local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.

(2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or
transactional occurrence that might result in litigation against the agency and that are known to a
potential plaintiff, or plaintiffs, which facts or circumstances shall be publicly stated on the
agenda or announced.

(3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code) or some other written communication
from a potential plaintiff threatening litigation, which claim, or communication shall be available
for public inspection pursuant to Section 54957.5.

(4) A statement made by a person in an open and public meeting threatening litigation on a
specific matter within the responsibility of the legislative body.

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