# In Re Investigating Grand Jury

> Supreme Court of Pennsylvania · June 25, 1991 · 527 Pa. 432

URL: https://www.frixlaw.com/law-library/cases/9760462

## Case

- **Full name:** In Re: INVESTIGATING GRAND JURY OF PHILADELPHIA COUNTY NO. 88-00-3503, Search Warrant No. 63302. Petition Of: Richard E. MILLER, Esquire, X Company, and Employee A. in Re: INVESTIGATING GRAND JURY OF PHILADELPHIA COUNTY NO. 88-00-3505. Petition Of: Paul R. ROSEN, Esquire, Richard E. Miller, Esquire and Employee B
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 25, 1991
- **Citations:** 527 Pa. 432; 593 A.2d 402; 1991 Pa. LEXIS 138
- **Precedential status:** Published
- **Opinion:** Dissent by McDERMOTT
- **Judges:** Nix, Larsen, Flaherty, McDermott, Zappala, Papadakos, Cappy
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760462

## How later opinions describe it (automated extraction)

- 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
- affirming disqualification of lawyer who represents target and non-target witnesses with “potentially conflicting interests” in grand jury investigation

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760462. Public record. Not legal advice.