Admissibility of Evidence - Privilege - Attorney - Client Privilege - Civil Practice Law and Rules § 4501.
An attorney may not disclose, or be allowed to disclose a confidential communication with his client. A client may not be compelled to disclose a confidential communication with his attorney.[1] The privilege extends to any employee of the attorney, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his employee and the client in the course of professional employment. [2] The privilege may be waived only by the client. [3]
Unless the client waives the privilege,[4] an attorney or his employee, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his employee and the client in the course of professional employment, may not disclose, or be allowed to disclose the communication, nor shall the client be compelled to disclose the 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. [5] Evidence of any such communication obtained by any such person, and evidence resulting therefrom, may not be disclosed by any state, municipal or local governmental agency or by the legislature or any committee or body thereof.[6]
[1] Civil Practice Law and Rules 4503.
[2] Civil Practice Law and Rules 4503.
[3] Civil Practice Law and Rules 4503.
[4] In QC v LC, 47 Misc.3d 600, 5 N.Y.S.3d 810 (Sup. Ct, 2015) the plaintiff placed his competency at issue by claiming he was incompetent at the time he signed certain stipulations. He thereby waived the physician patient privilege. The Court held that the plaintiff did not waive the attorney-client privilege with regard to his competency at the time of his signing the stipulations. Waiving the physician-patient privilege does not, ipso facto, trigger the waiver of the attorney-client privilege.
[5] Civil Practice Law and Rules § 4501.
[6] Civil Practice Law and Rules § 4501.
An attorney may not disclose, or be allowed to disclose a confidential communication with his client. A client may not be compelled to disclose a confidential communication with his attorney.[1] The privilege extends to any employee of the attorney, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his employee and the client in the course of professional employment. [2] The privilege may be waived only by the client. [3]
Unless the client waives the privilege,[4] an attorney or his employee, or any person who obtains without the knowledge of the client evidence of a confidential communication made between the attorney or his employee and the client in the course of professional employment, may not disclose, or be allowed to disclose the communication, nor shall the client be compelled to disclose the 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. [5] Evidence of any such communication obtained by any such person, and evidence resulting therefrom, may not be disclosed by any state, municipal or local governmental agency or by the legislature or any committee or body thereof.[6]
[1] Civil Practice Law and Rules 4503.
[2] Civil Practice Law and Rules 4503.
[3] Civil Practice Law and Rules 4503.
[4] In QC v LC, 47 Misc.3d 600, 5 N.Y.S.3d 810 (Sup. Ct, 2015) the plaintiff placed his competency at issue by claiming he was incompetent at the time he signed certain stipulations. He thereby waived the physician patient privilege. The Court held that the plaintiff did not waive the attorney-client privilege with regard to his competency at the time of his signing the stipulations. Waiving the physician-patient privilege does not, ipso facto, trigger the waiver of the attorney-client privilege.
[5] Civil Practice Law and Rules § 4501.
[6] Civil Practice Law and Rules § 4501.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:[email protected]. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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