A recent New York Court of Appeals decision clarified the scope of the attorney-client privilege under New York law.  In Matter of Appellate Advocates v. New York State Department of Corrections & Community Supervision, the Court of Appeals held that the documents were privileged where they were created as training materials for the client; did not address a "real world factual situation"; and were not prepared in response to a direct request for legal advice.  No. 91, 2023 N.Y. Slip Op. 06466 (N.Y. Dec. 19, 2023).

All practitioners should ensure that they are familiar with the parameters of the attorney-client privilege, which is the oldest common law evidentiary privilege.  See Spectrum Sys. Int'l Corp. v. Chem. Bank, 78 N.Y.2d 371, 377 (N.Y. 1991).  While CPLR §4503(a)(1) codifies the privilege in New York, courts also turn to the common law to determine whether materials are exempt from disclosure.  Id.