Attorney-Client, Work-Product Protections With Respect to Outside Consultants
Nearly every lawyer shares one fear in common: the inadvertent waiver of the attorney-client privilege. Last summer, in BouSamra v. Excela Health, 167 A.3d 728 (Pa. Super. Ct. 2017), the Superior Court of Pennsylvania 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. On Jan. 30, the Supreme Court granted an interlocutory appeal in the case to address the question of waiver, specifically to what extent does the attorney-client privilege and work-product protection extend to an outside consultant? The Supreme Court’s decision could transform the way Pennsylvania lawyers interact with clients and their consultants, particularly if the Supreme Court were to affirm the order of the Superior Court and uphold the waiver.
