In an apparent issue of first impression, the Pennsylvania Superior Court has ruled in a Dragonetti Act lawsuit against Cozen O’Connor that the state’s attorney conduct rules permit lawyers to disclose otherwise privileged documents into discovery in their own defense.

A three-judge panel consisting of Judges Deborah Kunselman, Megan McCarthy King and Daniel Pellegrini held in the Montgomery County case of Perelman v. Perelman that Pa.R.P.C. 1.6(c)(4) allows attorneys to disclose information normally protected under the work product or attorney-client privilege.