Attorneys Leonard and Kirkham Successfully Appeal Order to Produce Privileged Materials

Arthur J. Leonard and Amy M. Kirkham successfully appealed a trial court’s Order to have privileged materials produced for in camera review.  In the recent Pennsylvania Superior Court Opinion of Farrell v. Regola, -- A.3d - -, 2016 WL 6635088 (2016), the Court upheld both the attorney-client privilege and the psychiatrist/psychologist-patient privilege when it ruled that notes taken by a client at the request of an attorney during criminal and civil proceedings and a licensed social worker’s session notes created as part of a treatment team with a licensed psychiatrist were privileged and confidential. Therefore, not even a trial judge may have access to such documents.  The ruling, published on November 8, 2016, held that the Court does not have the power to “order disclosure of materials that the legislature has explicitly directed to be kept confidential.”