Surrogate Edward McCarty III
Estate moved to compel disclosure from W.S. Wilson Corp., and respondent corporation cross-moved for same in this action duplicating a proceeding commenced in Queens County Surrogate’s Court which found Nassau County was the appropriate jurisdiction to determine the presented issues, including ownership of shares of the corporation upon termination of a trust. Estate sought disclosure of correspondence between the corporation and an attorney. The corporation cross-moved for disclosure of correspondence between Phebe Baugher, a de facto trustee and ex-director of the corporation, and her attorney. The estate and corporation both asserted the attorney-client privilege in their privilege logs. The estate sought disclosure of communications between management and the corporation’s attorney at a time when Phebe retained her own attorney, and the corporation would have anticipated litigation as to the validity of her claims. The court noted the estate could not obtain privileged communications through the directors of the corporation, ruling the officers/directors received advice concerning retained earnings solely on behalf of the corporation. Thus, the attorney’s notes on the same subject, for the same period of time, were entitled to work product immunity.
