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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5928 (2026)

 Confidential communications to attorney.

✓ current as of May 2026
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§ 5928.  Confidential communications to attorney.

In a civil matter 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 5928 is referred to in sections 4415, 4436, 5931 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 115 cases (16 in the last 5 years), 1975–2026 · leading case: Gillard v. AIG Ins., 15 A.3d 44 (Pa. 2011).
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Gillard v. AIG Ins., 15 A.3d 44 (Pa. 2011). · cites it 10× “42 Pa.C.S. § 5928. Appellee's motion allowed, in the abstract, that certain lawyer-initiated communications might contain information originating with the client and, accordingly, may be privileged.”
Gregury, J. v. Greguras, S., 196 A.3d 619 (Pa. Super. Ct. 2018). · cites it 7× “The attorney-client privilege is codified at 42 Pa.C.S. § 5928, and provides, In a civil matter 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…”
Nationwide Mut. Ins. v. Fleming, 992 A.2d 65 (Pa. 2010). · cites it 10× “Communications from attorney to client are privileged only to the extent they contain and would reveal confidential communications from the client.”
G. BouSamra, M.D. v. Excela Health, Aplts., 210 A.3d 967 (Pa. 2019). · cites it 4× “42 Pa.C.S. § 5928. The codification of the privilege is essentially “a restatement of the common law privilege and its attendant case law interpretations.”
Pittsburgh History & Landmarks Found. v. Ziegler, 200 A.3d 58 (Pa. 2019). · cites it 4× “Current Management's Appeal - Applicability of Good Cause Analysis Current Management assert that the good cause analysis as described in Garner *71 and Section 85 of the Restatement is contrary to the Pennsylvania statute codifying the attorney-client privilege, 42 Pa.C.S §…”
Brown, F. v. Greyhound Lines, Inc., 142 A.3d 1 (Pa. Super. Ct. 2016). · cites it 4× “Whether the trial court misapprehended the relationship between Gallagher Bassett and i[t]s attorneys and improperly compelled the production of claims notes containing both verbatim recitations and summaries of confidential communications made between Galla[g]her Bassett and…”
Farrell, J. v. Regola, R., 150 A.3d 87 (Pa. Super. Ct. 2016). · cites it 2× “1(a); 42 Pa.C.S. § 5928; and 42 Pa.C.S. § 5916, for an in camera review, when Mr.”
T.M. v. Elwyn, Inc., 950 A.2d 1050 (Pa. Super. Ct. 2008). · cites it 2× “42 Pa.C.S. § 5928. As noted in Gocial : The attorney-client privilege exists to foster a confidence between attorney and client that will lead to a trusting and open dialogue.”
Yocabet v. UPMC Presbyterian, 119 A.3d 1012 (Pa. Super. Ct. 2015). · cites it 2× “The attorney-client privilege is derived from the common law, In re Thirty-Third Statewide Investigating Grand Jury, supra, but is also codified at 42 Pa.C.S. § 5928, which states: “In a civil matter counsel shall not be competent or permitted to testify to confidential…”
Gmerek v. State Ethics Comm'n, 751 A.2d 1241 (Pa. Commw. Ct. 2000). · cites it 4× “6 of the Rules of Professional Conduct [12] and the statutory attorney-client privilege contained in Section 5928 of the Judicial Code, 42 Pa.C.S. § 5928; [13] (2) the prohibition of contingent compensation in Section 1307(a) of the Act directly contravenes Rule 1.”
Custom Designs & Mfg. Co. v. Sherwin-Williams Co., 39 A.3d 372 (Pa. Super. Ct. 2012). · cites it 2× “2011); see 42 Pa.C.S. § 5928. In describing the purpose of the privilege, we have said: "The attorney-client privilege exists to foster a confidence between attorney and client that will lead to a trusting and open dialogue.”
Red Vision Sys., Inc. v. Nat'l Real Est. Info. Servs., L.P., 108 A.3d 54 (Pa. Super. Ct. 2015). · cites it 2× “” 42 Pa.C.S. § 5928. Although it is now embodied in a statute, “[t]he attorney-client privilege has deep historical roots and indeed is the oldest of the privileges for confidential communications in common law.”
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