Pennsylvania Supreme Court Justice David N. Wecht. Courtesy photo Pa. Justices Fail to Reach Consensus on Attorney-Client Privilege Application to Trustees
With the chief justice not taking part, the remaining justices split 3-3 on the substantive question of whether attorney-client privilege should apply to fiduciaries and allow a trustee who racked up hundreds of thousands of dollars in legal fees to heavily redact those records.
April 08, 2021 at 01:06 PM
4 minute read
The question of whether attorney-client privilege should apply to disputes between trustees and a trust's beneficiaries will remain unanswered for now after the Supreme Court of Pennsylvania split evenly on the issue.
In a ruling issued Wednesday, the high court failed to come to a consensus in the case, captioned In re Estate of McAleer, which involves a discovery dispute over legal bills. With Chief Justice Max Baer not participating, the remaining justices split 3-3 on the substantive question of whether attorney-client privilege should apply to fiduciaries and allow a trustee who racked up hundreds of thousands of dollars in legal fees to heavily redact those records.
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