The Pennsylvania Supreme Court held that the attorney-client privilege is a two-way street.

The Pennsylvania Supreme Court held that "the attorney-client privilege operates in a two-way fashion to protect confidential client-to-attorney communications made for the purpose of obtaining legal advice." Pennsylvania courts had previously been divided on the issue of whether communications from an attorney to his client, which did not concern a client's inquiry, are deemed privileged, confidential communications pursuant to 42 Pa.C.S. § 5928. Attorneys are now free to give their clients advice that may not have been specifically requested by the client, and the communication will nonetheless be deemed confidential and not subject to discovery.

Case Law Alert - 2nd Qtr 2011