March 27, 2009

Attorney-client privilege.

Practice point: Codified in CPLR 4503(a), the privilege belongs to the client and attaches if information is disclosed in confidence, for the purpose of facilitating legal advice or services, and in the course of a professional relationship.

Practitioners should note that communications which are shared with a third party generally are not privileged.

Case: Sieger v. Zak, NY Slip Op 01636 (2d Dept. 2009)

The opinion is here.

Monday’s issue: Negligence.