Litigation involving a public body proceeds under constraints that private litigants do not face.

Authority to sue and to settle. Vested in the governing body, delegable within limits. Counsel should confirm the authorizing resolution before filing and before agreeing terms.

Closed sessions. Open meetings statutes permit closed session for consultation with counsel about pending litigation on stated conditions — typically that an open discussion would have a detrimental financial effect. Minutes of closed sessions are kept and, in some states, are subject to later disclosure.

Public records. Litigation files, settlement agreements and, in many states, counsel’s invoices are public records subject to exemptions. Confidentiality promised in a settlement that cannot be honored damages credibility.

Insurance and pool coverage. Notice deadlines, control of the defense, and the interaction between the pool’s authority to settle and the governing body’s.

Indemnification of officials named individually, and the assessment of whether they acted within the scope of authority.

Communications. A single spokesperson, and instruction to officials not to comment. Statements by individual members about pending litigation are used as admissions.

Budget. Litigation costs appropriated, with the appropriation amended before overspending.