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Re: Attorney papers and confidentiality



Doug,

        The general thought on attorney-client privilege is that it legally lasts
into perpetuity, even after the clients death.  This is done to ensure
that clients will have no fear of speaking to their attorney with candor-a
vital requirement for effective representation.  Attorney-client privilege
can be waived in some cases where it can be shown that releasing the
materials would greatly advance further historical research-but this is
done very infrequently.  (For example, Lizzie Borden's attorney's notes
have remained sealed-despite attempts to have them opened for purposes of
historical research).  If you contact the American Bar Association they
should be able to provide you with information on how to treat these
papers.  The ABA Model Rule of Professional Conduct 1.6 deals with
attorney-client privilege.  But the binding law would be the legislated
laws of your state-which are usually slightly modified versions of the ABA
Model Rules.  There also may be some case law in your state which would
reveal how the courts have interpreted those laws-both state courts and
Federal Courts interpreting state law would apply.  Pennsylvania is part
of the third circuit.

        I hope this helps.

Jennifer Allain Rallo
Assistant Archivist
The Johns Hopkins University Archives
(410) 516-4259
rallo@jhu.edu

On Fri, 28 Apr 2000, MacGregor, Douglas J. wrote:

> I would appreciate any help or advice on handling access to papers of cases
> of attorneys.  I am currently processing the papers of a local (Pittsburgh,
> PA) judge who was an attorney before taking a position on the  bench.  The
> papers include about two hundred cases ranging from personal injury to
> defending communists and date between 1924-1937.  I was wondering if anyone
> could direct me to sources regarding the confidentiality of the case
> material between client and attorney and if this material is confidential,
> how long does it maintain this status?  Any suggestions or how other
> institutions handled similar situations will be appreciated.
>
> Doug MacGregor
> Assistant Archivist
> Historical Society of Western Pennsylvania
> djmacgregor@hswp.org
>
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A posting from the Archives & Archivists LISTSERV List!

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Or to do *anything* (and enjoy doing it!), use the web interface at
     http://listserv.muohio.edu/archives/archives.html

Problems?  Send e-mail to Robert F Schmidt <rschmidt@lib.muohio.edu>