Attorney Client Privilege is now a Two-Way Street in Pennsylvania

H. Adam Shapiro

Many clients have often been surprised to learn that the attorney client privilege in Pennsylvania did not necessarily apply to advice their attorney’s gave them. Previously, the Pennsylvania Superior Court had held that only communications made from the client to the lawyer were privileged, not those flowing from the attorney to the client. That holding, which is in conflict with the approach taken by most other states, was recently overturn on February 23, 2011 by the Pennsylvania Supreme Court. The Supreme Court held that the attorney client privilege now operates to protect confidential client to attorney and attorney to client communications made for the purpose of obtaining or providing legal advice. This decision is extremely important to both Pennsylvania lawyers and clients alike because it allows for a much more open flow of information between client’s and their attorney advisors.

The benefits afforded to clients as a result of this broader interpretation of the Pennsylvania privilege statute is that counsel may now, for example, proactively advise clients about a compliance issue without the attendant privilege concern that existed under prior law. Attorneys will be able to guide their clients through the process of curing ongoing legal problems without the fear that their advice could be discoverable in court. Not only will this benefit the client, as it will certainly facilitate a more open dialogue, but the benefits will also hopefully trickle down to benefit society as a whole.

The attorneys at Danziger Shapiro, P.C. have a long-established record of advising businesses and business owners on compliance and other business issues that arise on a daily basis. If you’d like more information about this recent decision affects your business, or if you’d like to discuss other concerns about your business, please call our office to set up a consultation today.

By: Douglas M. Leavitt, Esquire

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Adam has been my corporate attorney for over 10 years. He is extremely professional and knowledgeable. He efficiently moves through the judicial system and always keeps the best interest of his client in the foreground.

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We hired Adam to represent us for a patent dispute. He was excellent from the very beginning. He was thorough, detailed, honest, forthright, succinct, and available to us for questions at all times. Needless to say he achieved the best outcome we could have hoped for, and I cannot recommend him...

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I just recently sold my company and the firm of Danziger Shapiro held up the legal end of the transaction. Adam Shapiro left no rock unturned to protect my interests. The closing did not proceed as smoothly as we had hoped, but Adam was supportive through the entire process. They have been my legal...

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