Opinion

In Re Investigating Grand Jury

  • 527 Pa. 432
  • 593 A.2d 402
  • 1991 Pa. LEXIS 138
Court
Supreme Court of Pennsylvania
Filed
Jun 25, 1991
Status
Published
Author
McDERMOTT
On the bench
Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
Cited by
43 cases

holding that bank president’s handwritten notes taken during a meeting with counsel reflected confidential communications with counsel and fell within the scope of the privilege

How later courts described this case

  • holding that bank president’s handwritten notes taken during a meeting with counsel reflected confidential communications with counsel and fell within the scope of the privilege
  • recognizing privilege's purpose is to create atmosphere encouraging confidence and dialogue between attorney and client, and intended beneficiary is not client so much as administration of justice
  • attorney-client privilege does not protect communications made for purpose or in course of commission of proposed crime or fraud
  • affirming disqualification of lawyer who represents target and non-target witnesses with “potentially conflicting interests” in grand jury investigation

Written by the judges who cited it.

The opinion

McDERMOTT, Justice,

dissenting.

I agree with the majority’s holdings regarding the propriety of the trial court’s orders on immunity and counsel *448 disqualification. I disagree, however, with the majority’s treatment of the disputed handwritten notes. I do not quarrel that one’s confidences by and between their attorney are privileged. If, however, their communication, reduced to writing, is left for others to see, it cannot be shielded from a legally posited search.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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