Alexander v. Queen

Citations

• 253 Pa. 195
• 97 A. 1063
• 1916 Pa. LEXIS 808

Syllabus

<p>Attorney' -and client — Privileged communications — Evidence— Witnesses — Competency—Trusts and trustees.</p> <p>1. All professional communications between attorney and client are sacred. If any particular case form an exception, it must be shown by him who would withdraw the seal of secrecy and should be clearly shown.</p> <p>2. The one question in all cases of. alleged confidential communications between, attorney and client is, was the employment of the attorney so connected with the latter’s professional character as to afford the presumption that this formed the ground of the confidence reposed. If it did, such communications are protected against disclosure.</p> <p>3. In a proceeding in equity to declare a trust, it was error to permit an attorney who had been consulted by the defendant in the proceeding, relative to the execution and the terms of the trust, to testify that the defendant had agreed to hold the property sought to be impressed with the trust in trust for the plaintiff. Such testimony offends against the rule as to privileged communications between attorney and client, and it is immaterial that the attorney and the defendant were mutual friends of the plaintiff and that the attorney considered that he was rendering the service gratuitously, it appearing that he was consulted professionally and acted or advised as counsel.</p> <p>4. In a proceeding in equity to declare a trust as to certain property, where the answer is responsive to the bill and denies that the alleged agreement to declare a trust had been entered into, where the only evidence produced to corroborate the plaintiff’s statement that the agreement had been made was the testimony of an attorney consulted by the defendant as to the communications made to him by the defendant, the trial court erred in granting the relief prayed for and the bill was dismissed by the Supreme Court.</p>