As the U.S. Supreme Court collects briefs from parties interested in the work-product doctrine debate in Textron v. United States, Pennsylvania’s high court couldn’t come to an agreement on a similar issue involving attorney-client privilege.
The court issued a per curiam order in Nationwide v. Fleming Jan. 29, upholding a Superior Court ruling that attorney-client privilege only applies to information given to the attorney by the client, not the other way around. There were only four justices to hear the case because Justices Debra M. Todd and Seamus P. McCaffery, having sat on the panel at the Superior Court level, had to recuse themselves. The court was down its seventh judge at the time because of retirements.
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