Michael J. Hutter. Courtesy photo Attorney-Client Privilege and Dual-Purpose Communications
Inquiries received from Michael J. Hutter's previous Evidence column, together with the Supreme Court's grant of certiorari and then subsequent dismissal of the appeal as improvidently granted in 'In re Grand Jury', suggest a discussion of the status if dual purpose communications in New York is both timely and appropriate.
April 03, 2024 at 10:00 AM
13 minute read
Evidence
In my previous column, "Appellate Advocates: Application of Attorney-Client Privilege to Government Communication and More," NYLJ, Feb. 14, 2024, p. 3, col. 3, I discussed the applicability of the attorney-client privilege to confidential communications between government officials/entities and their attorneys in the context of the Court of Appeals decision in Matter of Appellate Advocates v. New York State Dept. of Corrections and Community Supervision, 2023 NY Slip Op. 06466 (Dec. 19, 2023). The court upheld the applicability of the privilege to governmental confidential communications relating to legal matters, and that such application was on par with the way it was applied to individuals and corporation and their private attorneys.
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