what is needed in ny to establish attorney/client privilege

No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client. 10 WHAT CONSTITUTES AN ATTORNEY-CLIENT RELATIONSHIP?

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What is the role of a lawyer in attorney client privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath. Attorney-Client Relationship

What is a practitioner's summary Guide to attorney-client privilege?

Client's Responsibilities. Client's Rights. Attorney-Client Fee Dispute Resolution Program. Lawyers’ Fund for Client Protection: Site and Video (Windows Media Player) Letters of Engagement Rules. Attorney Grievance Committee. Retainer & Closing Statements. Attorney’s Affidavit in Agency and Private Placement Adoptions.

When does a client or a lawyer engage in privileged communications?

 · I. Attorney-Client Privilege Defined A. New York State New York codified the attorney-client privilege in CPLR4503, which provides: 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

Does the attorney-client privilege apply to agreements?

The privilege cannot be invoked for the purpose of committing a crime or tort: All attorneys have an obligation to speak the truth to the court, so if someone tells an attorney that they will be purposely violating the law, the attorney has an ethical duty to disclose that during court proceedings. The privilege must be claimed and not waived ...

What are the requisites of the attorney-client privilege?

Relationship of attorney and client; 2. Communication made by the client to the attorney, or advice given by the latter to the former; 3. Communication or advice must have been made confidentially; 4. Such communication must have been made in the course of professional employment.

Is a retainer agreement privileged NY?

Retainer agreements are not privileged, however, unless they reveal a confidential communication of legal advice — the identity of the client, the fee arrangement, and the fact of retention are not privileged because they only involve the incidents of representation.

What does it mean to invoke attorney-client privilege?

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret. The privilege is asserted in the face of a legal demand for the communications, such as a discovery request or a demand that the lawyer testify under oath.

What are the elements necessary to establish an attorney-client relationship?

The establishment of the attorney-client relationship involves two elements: a person seeks advice or assistance from an attorney; and the attorney appears to give, agrees to give or gives the advice or assistance.

Is engagement letter privileged?

Aside from being privileged, engagement letters are generally not relevant under Rule 26.

Is work product privileged?

Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion.

How do you invoke privilege?

Importantly, in order to invoke the privilege, the “primary purpose” of the communication must be to seek or render legal advice. A communication that does not seek legal advice or convey information that is reasonably related to a request for legal assistance will not be privileged.

Are emails subject to attorney-client privilege?

Emailed correspondence between attorney and client is privileged. However, the client can take some actions which will waive this attorney client privilege.

What constitutes privileged information?

Definition. In the law of evidence, certain subject matters are privileged, and can not be inquired into in any way. Such privileged information is not subject to disclosure or discovery and cannot be asked about in testimony.

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.

What is the difference between the duty of confidentiality and the attorney client privilege?

The main difference between attorney-client privilege and attorney-client confidentiality is that the former is an evidentiary principle while the latter is an ethical principle.

What is a Kovel arrangement?

A Kovel arrangement is premised on the notion that the accountant's communications were “made in confidence for the purpose of obtaining legal advice from the lawyer.” See United States v. Adlman. The attorney is the client in a Kovel engagement so the accountant should address all correspondence to the lawyer.

Definition

Attorney-client privilege refers to a legal privilege that works to keep confidential communications between an attorney and his or her client secret.

Further Reading

For more on the attorney-client privilege, see this Cornell Law Review article, this Fordham Law Review article, and this Pepperdine Law Review article .

What is attorney client privilege?

The attorney-client privilege, although easily defined, has always posedchallenges in application. Court decisions and rule changesboth in federal and state court continue to define the contours of the doctrine. Assertion of the privilege gives rise to not only practical considerations, but may also involve ethics as well.

What is one area that was (at least historically) a minefield for lawyers?

One area that was (at least historically) a minefield for lawyers was whether drafts of expert reports had to be produced. Fortunately, there have been decisions and rule changes in this area providing clarity and guidance to those retaining experts.

Is the common interest privilege codified?

The common interest privilege exists in New York, but is not codified. Instead, the New York courts view the “common interest” privilege as an exception to the attorney-client privilege. This is a different approach than other states, which take the position that the privilege is a distinct privilege, separate and apart from the attorney-client privilege.

Is a financial advisor covered by attorney-client privilege?

Under Kovel, communications with a financial advisor are covered by the attorney-client privilege “if the financial advisor’s role is limited to helping a lawyer give effective advice by explaining financial concepts to the lawyer.”. The court rejected the Kovel argument out of hand.

What was the first case to address the issue of public relations?

The first case to address that issue was a trademark infringement action, Calvin Klein Trademark Trust v. Wachner, 198 F.R.D. 53 (S.D.N.Y. 2000) (Jed S. Rakoff, J.). In May 2000, in anticipation of filing a lawsuit on behalf of Calvin Klein, the law firm of Boies, Schiller & Flexner LLP (BSF) retained the public relations firm of Robinson Lerer & Montgomery (RLM) to act as a “consultant” to BSF for certain communications services related to BSF’s representation of Calvin Klein, Inc. (CKI). Defendants contended that BSF had retained RLM solely “to wage a press war against the defendant,” but plaintiffs said that they had retained RLM to help BSF “to understand the possible reaction of CKI’s constituencies to the matters that would arise in the litigation, to provide legal advice to CKI, and to assure that the media crisis that would ensue — including responses to requests by the media about the law suit and the overall dispute between the companies — would be handled responsibly…” The court denied Calvin KIein the protection of the attorney-client privilege, for at least three reasons.