Attorney Client Privilege For A Corporation In Bronx

State:
Multi-State
County:
Bronx
Control #:
US-000295
Format:
Word; 
Rich Text
Instant download

Description

In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.

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FAQ

The Garner Fiduciary Exception Where a fiduciary duty is owed to the shareholder or member, that shareholder or member must show good cause why the attorney-client privilege should not protect those communications from disclosure.

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 ...

This protection extends to any information exchanged during these privileged communications, encompassing not only verbal discussions but also written correspondence, emails, text messages, and other forms of communication. The privilege belongs to the client, meaning they have the authority to waive or invoke it.

There are three primary occasions when solicitor‑client privilege may be overruled, namely when innocence at stake is engaged, the client's communications are themselves criminal, or it is necessary to protect public safety. Any piercing of privilege should be considered an "extraordinary measure."

New York uses the territorial test, applying the privilege law of the state where the legal proceeding occurs (i.e. the state where evidence is introduced or where the discovery proceeding occurs). Because New York does not provide an accountant-client privilege, PwC's records were not protected from discovery.

A decision recently issued by the New York Supreme Court (County of Saratoga) illustrates one of these exceptions — the “fiduciary exception.” The court ruled that the fiduciary exception to the attorney-client privilege enabled the minority owner of a multi-company family business to obtain information about ...

More info

In the Second Circuit, "the attorney-client privilege protects. Attorneyclient privilege is an important legal concept that protects most information you provide to your lawyer.I. Source of the Privilege. While the attorney-client privilege seeks to protect confidential communications between an attorney and a client, work product doctrine. Learn about attorneyclient privilege here, including what it is, when it applies, and how it can affect your NYC personal injury case. To waive attorney client privilege, a court has to first determine whether the privilege can be waived and who has the authority to waive it. The attorney-client relationship affords a distinct, invaluable right to have communications protected from compelled disclosure to any third party. One final consideration arises in the context of in-house counsel. Calendar invites to meetings and teleconferences can be used to identify attorneyclient privilege prior to the meeting occurring. Maintain accurate and uptodate documentation in the database system and ensure client files.

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Attorney Client Privilege For A Corporation In Bronx