FOIA Litigation Attorney in Buffalo, New York

As an attorney with over two decades in the legal field, I understand how important transparency is for a democratic society. Promoting government accountability is at the heart of what I do. This is also why I practice Freedom of Information Act (FOIA) litigation.  

If you feel like you're hitting a stone wall with your information requests, I'm here to demolish those barriers for you. If you need help with a FOIA case in Buffalo, New York, or the surrounding suburbs, reach out to my firm—Michael Kuzma Attorney at Law—and schedule a consultation. 

The FOIA Litigation Process 

The Freedom of Information Act (FOIA) gives people the right to access information from the federal government. It is a critical tool for journalists, researchers, and everyday citizens to monitor government agencies' activities.  

Unfortunately, filing a request and getting the documents you need is not always straightforward. FOIA litigation occurs when an individual or organization files a lawsuit against a government agency for failing to comply with a FOIA request and seeking to obtain information that was wrongfully withheld. 

As an FOIA lawyer, I can bridge the gap between your right to know and the information you seek. Here's an overview of what to expect:

Understanding Your Request 

It all begins with understanding the specific documents you need. I will review your initial FOIA request and any responses you have received to identify where the government might be withholding information and set the stage for our next steps. 

Filing the Lawsuit 

Once we understand your needs and the government's response, we can proceed to file a lawsuit. This involves drafting a complaint and submitting it to the appropriate court. I will handle all the legalities, so you won't have to worry about a thing. 

Discovery Phase 

In this phase, we gather evidence to support your case. This can involve depositions, interrogatories, and requests for further documentation. Together, we will build a robust case to present in court. 

Court Proceedings 

Finally, we present your case in court. My experience with high-profile cases means I'm well-prepared to argue your case effectively. I will make sure your voice is heard and that the government is held accountable. 

Settlement Negotiations 

While some FOIA cases go all the way to court, many are resolved during the settlement stage. I will negotiate with government representatives to reach a mutually acceptable resolution. Settlements can often expedite the release of documents, saving you time and legal costs. I will ensure that a potential settlement meets your needs and that you receive the information you seek. 

Post-Litigation Follow-Up 

The process doesn't necessarily end at the conclusion of a lawsuit, whether through settlement or a court ruling. I will ensure that the government complies with the court's decision or the terms of the settlement. If the government fails to uphold its end of the agreement, additional legal actions may be necessary.

I'm committed to seeing your case through to the very end, so you get the transparency and information you're entitled to. 

FOIA Laws in New York

New York's transparency laws complement the federal FOIA. The New York Freedom of Information Law (FOIL) allows you to request records from state and local government agencies. This can include everything from local police reports to state agency records, including electronic records. If a state or local agency denies your FOIL request, you have the right to appeal the decision.  

FOIL requires agencies to respond to your request within five business days, either by providing the information or acknowledging the request and giving a reasonable timeline for when the records will be available.  

Unlike some other states, New York agencies must make a concerted effort to help you identify the records you seek if your request is too vague. If an agency fails to comply, you can escalate the case to the state Supreme Court, which can order the agency to release the records and potentially cover your attorney fees. 

Under FOIL, agencies must publish a list of records that are subject to public inspection and are encouraged to maintain online databases for easier access. If your request is denied, the agency must provide a written explanation mentioning the reasons for the denial. They must also inform you of your right to appeal and the procedures for doing so. Appeals must be processed within ten business days, offering a relatively swift mechanism for challenging denials.