Comment by qingcharles
2 months ago
That's true, as long as you are represented. I knew one lawyer in Illinois who would sit in FOIA court and take all the non-represented persons aside and offer to take their cases and split the attorney fees 50/50. I believe it isn't strictly above-board, but it is a solution to a problem.
People don't like being put under oath, so you can somewhat temper a public body's future refusals by deposing them or sticking as many of them on the stand. Especially with depositions, if you aren't represented then you can't be giving any attorney discipline for asking completely outrageous questions to force the deponent to admit crimes etc under oath.
I went up against my muni over their refusal to release their police General Orders (which seems real dumb in retrospect; we got the General Orders from most of Chicagoland with no protest†). I reached out to Matt Topic, who offered to sue for free, or send a nastygram for a billable hour.
I ended up doing the latter, because I gotta work in this town, but one consequence of fee recovery is that it's much easier to get representation for a FOIA suit.
† https://github.com/jjarmoc/chicago-area-general-orders/
so the attorney gets half of what the attorney gets? Zeno's Paradox.