The attorney-client privilege is the most preserved and perhaps revered doctrine from ancient common law. However, that privilege may be knowingly and voluntarily waived. It can also be waived by action inconsistent with the holding of that privilege — such as by disclosure or litigation — whereby the court will not allow the privilege to be used as both a shield and a sword.
In Gillard v. AIG Insurance, 15 A.3d 44 (Pa. 2011), the attorney-client privilege was determined to operate in a two-way fashion to protect confidential client-to-attorney or attorney-to-client communications made for the purpose of obtaining or providing professional legal advice.
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