Gillard v. AIG Insurance Company, et al.

Attorney-Client Privilege

NCLC's Position

NCLC urged the Pennsylvania Supreme Court to uphold attorney-client privilege for attorneys' legal advice to clients. In this case, a lower court ordered AIG to produce communications containing their outside counsel's legal advice, analysis, and opinions. In its brief, NCLC argued Pennsylvania's attorney-client privilege laws protect attorney communications made for the purpose of providing legal advice. NCLC warned that failing to protect these communications will stifle the delivery of candid legal advice from both in-house and outside counsel.

Case Outcome

Held: Under Pennsylvania law, the attorney-client privilege operates in a two-way fashion to protect confidential client-to-attorney or attorney-to-client communications made for the purpose of obtaining or providing professional legal advice.

Procedural History

Amicus brief filed 4/27/10. Decided 2/23/11.

Case Documents