2006 New York Code - Attorney.



 
    §  4503.  Attorney.    (a)  1.  Confidential communication privileged.
  Unless the client waives the  privilege,  an  attorney  or  his  or  her
  employee,  or any person who obtains without the knowledge of the client
  evidence of a confidential communication made between  the  attorney  or
  his  or  her  employee  and  the  client  in  the course of professional
  employment,  shall  not  disclose,  or  be  allowed  to  disclose   such
  communication,  nor  shall  the  client  be  compelled  to disclose such
  communication,  in  any  action,  disciplinary  trial  or  hearing,   or
  administrative  action,  proceeding or hearing conducted by or on behalf
  of  any  state,  municipal  or  local  governmental  agency  or  by  the
  legislature  or  any  committee  or  body  thereof. Evidence of any such
  communication obtained  by  any  such  person,  and  evidence  resulting
  therefrom,  shall  not  be  disclosed  by  any state, municipal or local
  governmental agency or by the  legislature  or  any  committee  or  body
  thereof.  The relationship of an attorney and client shall exist between
  a professional service corporation organized under  article  fifteen  of
  the   business   corporation   law   to  practice  as  an  attorney  and
  counselor-at-law and the clients to whom it renders legal services.
    2. Personal representatives. (A) For purposes of  the  attorney-client
  privilege,  if  the client is a personal representative and the attorney
  represents the personal representative in that capacity, in the  absence
  of  an agreement between the attorney and the personal representative to
  the contrary:
    (i) No beneficiary of the estate is,  or  shall  be  treated  as,  the
  client  of  the  attorney  solely  by  reason  of  his  or her status as
  beneficiary; and
    (ii) The existence of a fiduciary relationship  between  the  personal
  representative  and  a  beneficiary  of  the  estate  does not by itself
  constitute or give rise to any waiver of the privilege for  confidential
  communications made in the course of professional employment between the
  attorney  or  his or her employee and the personal representative who is
  the client.
    (B) For purposes of this paragraph,  "personal  representative"  shall
  mean    (i)   the   administrator,   administrator   c.t.a.,   ancillary
  administrator, executor, preliminary executor,  temporary  administrator
  or  trustee  to  whom  letters  have  been  issued within the meaning of
  subdivision thirty-four of section one hundred three of the  surrogate's
  court   procedure  act,  and  (ii)  the  guardian  of  an  incapacitated
  communicant if and to the extent that the order appointing such guardian
  under subdivision (c) of section 81.16 of the mental hygiene law or  any
  subsequent order of any court expressly provides that the guardian is to
  be  the  personal  representative  of  the incapacitated communicant for
  purposes of this section; "beneficiary" shall have the meaning set forth
  in subdivision eight of section one hundred  three  of  the  surrogate's
  court  procedure  act  and  "estate" shall have the meaning set forth in
  subdivision nineteen of section one hundred  three  of  the  surrogate's
  court procedure act.
    (b)   Wills.   In  any  action  involving  the  probate,  validity  or
  construction of a will, an attorney or his employee shall be required to
  disclose information as to the preparation, execution or  revocation  of
  any  will  or  other relevant instrument, but he shall not be allowed to
  disclose any communication privileged under subdivision (a) which  would
  tend to disgrace the memory of the decedent.

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