Ruling raises question: How far does attorney-client privilege go?
Attorney-client privilege may no longer extend both ways in Pennsylvania — a change that has law firms and corporate legal departments up in arms. A decision by the state Superior Court, currently under appeal, protects the client’s side but not the lawyer’s. The Pennsylvania Supreme Court is expected to soon decide whether to uphold the lower court ruling. “It could have a wide-ranging impact for how clients and lawyers communicate,” said Kevin Allen, a partner of Downtown law firm Thorp Reed & Armstrong LLP. “The decision … said attorney-client privilege is a one-way street. It was a surprise to many lawyers and, presumably, many clients.” It could mean, for instance, that while correspondence from client to attorney would remain privileged, such correspondence from attorney to client could be sought during discovery. The case that brought the issue to a head is Nationwide Mutual Insurance Co. v. Fleming. In its lawsuit, Nationwide accused some of its former agents of providing co
Related Questions
- I am an attorney. Do communications with clients already covered by the attorney-client privilege immunize me from complying with 201 CMR 17.00?
- Why would the Exposure Draft erode the protections of the attorney-client privilege and work product doctrine?
- Does Exception to Attorney-Client Privilege Apply in Lawsuits Between Law Firm and Former Client?
