Wednesday, August 23, 2017

PA Superior Court Finds Attorney Client Privilege Waived With Regards to Communications With Outside Public Relations Firm

In the case of BouSamra v. Excela Health, 2017 Pa. Super. 235 (Pa. Super. July 19, 2017 Bowes, Stabile, Musmanno, J.J.) (Op. by Bowes, J.), the Pennsylvania Superior Court affirmed the trial court's ruling that a defendant corporation waived the attorney-client privilege by forwarding attorney correspondence to an outside public relations firm since the public relations firm was not a part of the team offering legal advice.  

The court also found that the work product protection was waived for the same reason.  

Anyone wishing to review this decision may click this LINK.

Source: "Digest of Recent Opinions." Pennsylvania Law Weekly (August 22, 2017).

For a review of a prior decision by the Pennsylvania Superior Court in the same case on the same issue click this LINK to go to that Tort Talk post.

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