Recently in the matter of Gillard v. AIG Insurance Co., the Supreme Court eliminated this obstacle when it held that "in Pennsylvania, the attorney-client privilege operates in a two–way fashion to protect confidential client to attorney or attorney to client communications made for the purpose of obtaining or providing professional legal advice."
By ruling in this fashion, the Supreme
Court made it more difficult for attorneys who were aware of the privilege's
former one-way protection to pierce the privilege. More importantly the new ruling provides
necessary and appropriate protections to clients seeking confidential advice
from the Council. Clients are now free to discuss confidential matters with counsel and receive advice from counsel without fear that the communications will be obtained by opposing counsel.
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