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.
Attorney Client Privilege Former Employees In Bronx
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State:
Multi-State
County:
Bronx
Control #:
US-000295
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The appellate court noted that various New York cases, based on a superseded statute (the old CPLR §835), had stated in dicta that “the power to waive the attorney-client privilege ends with the death of the client.” However, the court stated: “such dicta are not binding as a matter of law, and are unpersuasive as ...
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."
Some of the most common exceptions to the privilege include: Death of a Client. Fiduciary Duty. Crime or Fraud Exception. Common Interest Exception.
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.
In New York, not all communications to an attorney are privileged. Legal invoices are discoverable.
By way of reminder, under New York law, the privi- lege protects communications from both the attor- ney and the client; when coming from an attorney, communications are protected when they are made in the course of the professional relationship and they have the purpose of facilitating legal advice or services.
Accountant–client privilege is a confidentiality privilege, or more precisely, a group of privileges, available in American federal and state law. Accountant–client privileges may be classified in two categories: evidentiary privileges and non-evidentiary privileges.