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Keywords

attorneyappeallevyattorney-client privilege
contractattorneylawyerlevyattorney-client privilege

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Levy v. Senate of Pennsylvania, 619 Pa. 586, 65 A.3d 361, 41 Media L. Rep. 2036

Facts

Marc Levy, a journalist, submitted requests to the Senate's Right to Know Officer for records related to the hiring of outside legal representation for Senator Robert J. Mellow and other Senate Democratic Caucus employees. The Senate provided some documents but redacted portions it claimed were protected by attorney-client privilege. After an appeal, the Senate Appeals Officer concluded that the Senate had not sufficiently demonstrated the applicability of the attorney-client privilege and allowed for further evidence to be submitted. The case eventually reached the Commonwealth Court, which ruled on the privilege issues and the Senate's claims.

On June 22, 2010, Associated Press member Marc Levy sent two written requests to the Senate's Right to Know Officer seeking “all bills, contracts and payment records related to the hiring of any outside lawyer or law firm to represent Sen. Robert J. Mellow beginning Jan. 1, 2009” and the same documents related to “any current or former employee of the Senate Democratic caucus beginning Jan. 1, 2009.”

Issue

Whether client identities and descriptions of legal services are protected by the attorney-client privilege under the Right to Know Law.

1 senate members' names were not protected by attorney-client privilege, but 2 senate, by initially asserting only attorney-client privilege as basis for partially denying request, did not waive other bases, abrogating Signature Information Solutions, LLC. v. Aston Township , 995 A.2d 510.

Rule

Client identities are generally not protected by the attorney-client privilege, but exceptions may apply where revealing the identity would disclose legal advice or confidential communications.

The attorney-client privilege may apply in cases where divulging the client's identity would disclose either the legal advice given or the confidential communications provided.

Analysis

The court analyzed the application of the attorney-client privilege in the context of the Right to Know Law, reaffirming that while client identities are typically not protected, exceptions exist. The court found that the Senate's claims regarding the privilege were insufficiently supported, particularly as the identities of clients and general descriptions of legal services did not reveal confidential communications. The court emphasized the need for transparency in government while balancing the attorney-client privilege.

The court analyzed the application of the attorney-client privilege in the context of the Right to Know Law, reaffirming that while client identities are typically not protected, exceptions exist.

Conclusion

The Supreme Court affirmed in part and reversed in part the Commonwealth Court's decision, holding that the Senate's initial assertion of attorney-client privilege did not waive other bases for denial and that client identities were not protected by the privilege.

The Supreme Court affirmed in part and reversed in part the Commonwealth Court's decision, holding that the Senate's initial assertion of attorney-client privilege did not waive other bases for denial and that client identities were not protected by the privilege.

Who won?

Marc Levy prevailed in the case as the court ruled that the Senate's claims of attorney-client privilege did not protect client identities or general descriptions of legal services.

Marc Levy prevailed in the case as the court ruled that the Senate's claims of attorney-client privilege did not protect client identities or general descriptions of legal services.

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