Tuesday, September 7, 2021

Pennsylvania Superior Court Addresses Attorney-Client Privilege and Attorney Work Product Privilege

In the case of Carlino E. Brandywine, L.P. v. Brandywine Vill. Assoc., No. 1194 EDA 2019 (Pa. Super. July 23, 2021 Stabile, J., McLaughlin, J., Stevens, P.J.E.) (Op. by Stabile, J.), the Pennsylvania Superior Court vacated a trial court’s decision in a land dispute matter and remanded a case for further proceedings, after ruling that, where Defendants raise the affirmative defenses of reliance upon advice of counsel and counsel’s good faith reliance upon applicable law, the Defendants opened the door to a waiver of the attorney-client and the work product privileges.

However, the Pennsylvania Superior Court limited the trial court’s decision in this matter by finding that the trial court erred in finding a blanket privilege waiver and in assuming that a waiver of the attorney-client privilege would also necessarily waive the attorney work product protection.

Anyone wishing to review a copy of this decision may click this LINK.

Source: “Digest of Regional Opinion” Pennsylvania Law Weekly (August 17, 2021).

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