Michael J. Hutter
CPLR 4503(a)(1) codifies New York’s attorney-client privilege for confidential communications between attorney and client. The Court of Appeals has consistently recognized that this codification is a “mere re-enactment of the common law rule.” Hurlburt v. Hurlburt, 128 NY 420, 424 (1891). Accordingly, courts still look to the common law for guidance as to the proper construction of the privilege. Keeping abreast of judicial interpretations of CPLR 4503(a)(1) is thus a must for New York attorneys.
Over the past 12 months, the New York courts, federal and state, have decided several cases that are instructive concerning the scope of the privilege and how the privilege may be maintained or lost. As these decisions can be viewed as “under the radar,” and thus overlooked, they will be the focus of this column.
