A litigant who asserts attorney-client privilege in the lead-up to trial may not waive that privilege on the stand, the Pennsylvania Superior Court has ruled in an apparent issue of first impression.
A split three-judge panel of the court determined in Gregury v. Greguras that a defendant who asserted her attorney-client privilege during the discovery phase in a dispute over a will should not have been allowed to waive that privilege once the case got to trial.
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