Credit: Shutterstock Attorney-Client Privilege: 2022 Instructive Decisions
Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
February 01, 2023 at 11:00 AM
12 minute read
New York's attorney-client privilege as codified at CPLR §4503(a) protects against disclosure of a "confidential communication made between the attorney or his or her employee and the client in the course of professional employment." The New York courts, in construing this statutory language, have identified the essential elements for invoking it to be (1) a communication (2) made between privileged persons (3) in confidence (4) for the purpose of obtaining or providing legal assistance for the client. See Martin and Capra, New York Evidence Handbook (3d ed.) §§5.21-5.2.4. Due to the importance of the privilege, keeping abreast of judicial decisions construing these elements, waiver rules and exceptions is a must for New York attorneys. Last year there were several notable privilege decisions discussing these elements which prompts this column.
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