Preparing for the 2020-2021 school year has required Pennsylvania school districts to consider novel, challenging and evolving legal guidance at breakneck pace. As districts develop and adapt their reopening plans to changing guidance with regard to COVID-19, there has been an influx of opinions to interpret these legal developments. In this storm of e-mails and alerts, it is important that districts take precautions to maintain the confidentiality of attorney-client privilege and attorney work product.
As a follow up to Five Common Attorney-Client Privilege Blunders, below is a refresher on maintaining attorney-client privilege and attorney work product, and steps districts should take to ensure they do not waive these important protections when receiving legal advice.
The Supreme Court of Pennsylvania recently reviewed waiver of both attorney-client privilege and attorney work product in BouSamra v. Excela Health, 210 A.3d 967 (Pa. 2019). The majority in that case explained:
1) Attorney-client privilege is waived when a confidential communication is shared with a third party. In BouSamra, general counsel waived attorney-client privilege by sending a communication from outside counsel to a PR firm. The...
