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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5916 (2026)

 Confidential communications to attorney.

✓ current as of May 2026
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§ 5916.  Confidential communications to attorney.

In a criminal proceeding counsel shall not be competent or permitted to testify to confidential communications made to him by his client, nor shall the client be compelled to disclose the same, unless in either case this privilege is waived upon the trial by the client.

 

Cross References.  Section 5916 is referred to in sections 4415, 4436 of this title; sections 566, 586 of Title 2 (Administrative Law and Procedure); section 6311.1 of Title 23 (Domestic Relations).

Notes of Decisions
Cited in 56 cases (9 in the last 5 years), 1985–2025 · leading case: In re Thirty-third Statewide Investigating Grand Jury, 86 A.3d 204 (Pa. 2014).
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In re Thirty-third Statewide Investigating Grand Jury, 86 A.3d 204 (Pa. 2014). · cites it 6× “5 According to the Commission, *211 the statutory evidentiary privileges codified in the Judicial Code are applicable in both criminal cases, 42 Pa.C.S. § 5916, and civil cases, id. § 5928, and the statutes’ headings make no distinction between government or private client…”
Commonwealth v. Flor, R., Aplt., 136 A.3d 150 (Pa. 2016). · cites it 4× “9 Because the privilege seeks to foster confidence between attorney and client in order to promote a trusting and open dialogue, permitting an attorney to reveal to others what the client has disclosed would destroy and prevent the benefits of 9 The attorney-client privilege, as…”
Commonwealth v. Chmiel, 738 A.2d 406 (Pa. 1999). · cites it 6× “Section 5916 of the Judicial Code, 42 Pa.C.S. § 5916, sets forth the privilege as it pertains to criminal matters in Pennsylvania.”
Commonwealth v. Sims, 521 A.2d 391 (Pa. 1987). · cites it 12× “In considering those motions the trial court was advised, outside the presence of the jury, that Hilton wished to assert the "attorney-client *371 privilege" as codified in section 5916 of the Judicial Code, 42 Pa.C.S. § 5916. The trial court then ruled, also outside of the…”
Gillard v. AIG Ins., 15 A.3d 44 (Pa. 2011). · cites it 4× “2d 1327, 1337 (1986) (describing the attorney-client privilege in the context of the criminal law, see 42 Pa.C.S. § 5916, as "limited to confidential communications and disclosures made by the client to his legal advisor"); and In re Estate of Wood, 818 A.”
Commonwealth v. Chmiel, 889 A.2d 501 (Pa. 2005). · cites it 2× “" 42 Pa.C.S. § 5916. While the attorney-client privilege is statutorily mandated, it has a number of requirements that must be satisfied in order to trigger its protections.”
Commonwealth v. Maguigan, 511 A.2d 1327 (Pa. 1986). · cites it 6× “It is the most revered of our common law privileges and, as it relates to criminal proceedings, has been codified in this Commonwealth at 42 Pa.C.S. § 5916: In a criminal proceeding counsel shall not be competent or permitted to testify to confidential communications made to him…”
Com. v. Lehman, P., 275 A.3d 513 (Pa. Super. Ct. 2022). · cites it 2× “42 Pa.C.S. § 5916. The statutory codification of the attorney-client privilege suggests the General Assembly’s acknowledgment of the significance of this protected interest.”
Commonwealth v. Harris, 817 A.2d 1033 (Pa. 2002). · cites it 2× “" 42 Pa.C.S. § 5916. The introduction of appellant's letter to Ms.”
Farrell, J. v. Regola, R., 150 A.3d 87 (Pa. Super. Ct. 2016). · cites it 2× “§ 5928; and 42 Pa.C.S. § 5916, for an in camera review, when Mr.”
Castellani v. Scranton Times, L.P., 956 A.2d 937 (Pa. 2008). · cites it 2× “See 42 Pa.C.S. § 5916. In Nadler, supra, this Court recognized a crime-fraud exception to the attorney-client privilege to prevent a client from abusing the privilege in furtherance of a crime or fraud.”
Levy v. Senate of Pennsylvania, 65 A.3d 361 (Pa. 2013). “” 42 Pa.C.S. §§ 5916, 5928. We recently observed that the purpose of the attorney-client privilege “is to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of…”
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