An attorney arguing for an insured in a case about attorney-client privilege said the Pennsylvania Supreme Court had its chance in 1998 to take control of whether communications from an attorney to a client were privileged and instead let the legislature re-enact an 1887 statute codifying that the privilege extends only to communications from a client to an attorney.

Now it is that statute that the court must strictly construe in finding AIG should produce documents that were drafted by an attorney for the insurance company client, the attorney for William Gillard argued in Gillard v. AIG Tuesday.