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Company Waived Attorney-Client Privilege by Sharing Privileged Communication with Consultant, Superior Court Holds
July 30, 2017
Stephen D. Daly
MGKF Litigation Blog
Earlier this month, the Superior Court of Pennsylvania issued a decision that has broad implications for the manner in which Pennsylvania lawyers and their clients communicate with outside consultants, including environmental consultants. In BouSamra v. Excela Health, No. 1637 WDA 2015, 2017 PA Super 235 (July 19, 2017), the Superior Court held that a company waived the attorney-client privilege when it forwarded an email containing legal advice to one of its consultants, a public relations firm. The decision calls into question whether outside consultants should be involved in privileged legal discussions unless the consultant is actively involved in facilitating legal advice from counsel to client.
