The New York Court of Appeals held Thursday that the Dead Man's Statute does not bar an attorney from defending himself against disciplinary charges for allegedly raiding a deceased client's escrow account funds. The court found that by describing an oral agreement with his client, attorney Richard A. Zalk was not testifying "against the executor, administrator or survivor" of the dead person, as the statute prohibits. Zalk is contesting a two-year suspension imposed by the Appellate Division.
N.Y. Dead Man's Statute Doesn't Bar Attorney's Defense in Disciplinary Case
New York Law Journal
June 13, 2008