Public bodies consult attorneys about FOIA constantly, especially where exemptions, confidential databases, or pending litigation are involved. Nothing about that is improper on its face.
Where the problem enters
A FOIA response is supposed to be a records determination governed by the statute. When the draft is reviewed by the office defending the agency against the requester, the response acquires a second function, and the two are not always compatible.
What resolves it
The draft version history — every version, every edit, the exemption analysis supplied, and the approval that released the final text. Those records exist in any agency document system.
The documented example
On July 15, 2026, a Sheriff’s records supervisor emailed a draft FOIA response, the disputed Warrant Details print, and related files to the Chief Deputy of the State’s Attorney’s Civil Trial Division. See the routing record.