Wednesday, November 02, 2005

attorney-client privilege - former client

In re Investigating Grand Jury -- Pa. Superior Court - November 1, 2005

In a case said to be of first impression, a criminal defendant's conversation with his former counsel was held to be privileged, even after the representation had ended. The conversation related to the attorney's former representation (about which the defendant was complaining) and was about the case. The court felt that it was likely that the former client "believe[d] that because of their prior relationship, confidentiality remained between them," even though the "conversation did not involved a client seeking legal advice from his lawyer."

Donald Marritz, staff attorney
MidPenn Legal Services