Attorney Client Privilege With In House Counsel In Pennsylvania

State:
Multi-State
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.

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FAQ

In the civil context, the statute provides as follows: “In a civil matter counsel shall not be competent or permitted to testify to confidential communications made to him by his client, nor shall the client be compelled to disclose the same, unless in either case this privilege is waived upon the trial by the client.” ...

Consequently, the plaintiff had the right to depose the attorney despite his in-house status. Thus, knowing that the privilege applies to in-house counsel, the inquiry shifts to the scope of the privilege.

If the purpose is legal advice, the communication is privileged if it's confidential and between lawyer and client. On the other hand, if the lawyer is acting as a business negotiator or advisor, the communication probably is not privileged. An in-house lawyer fulfills multiple roles!

Therefore, controversy has emerged over the scope of the attorney–client privilege between the counsel and the president and vice president, namely with John Dean of Watergate notoriety. It is clear, however, that the privilege does not apply in strictly personal matters.

Congressional investigations are distinct from other government investigations in meaningful ways. A key distinguishing factor is the treatment of the attorney-client privilege, a common law privilege that Congress generally does not recognize.

Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.

The White House Counsel advises the President on all legal issues concerning the Office of the President and the White House.

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Attorney Client Privilege With In House Counsel In Pennsylvania