Attorney Client Privilege For Consultants In Nassau
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FAQ
EU law respects legal professional privilege (LPP) between external EU-qualified lawyers and their clients. EU LPP traditionally applied in proceedings of a criminal or sanctioning nature, conducted by an EU institution or body.
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.
The appellate court noted that various New York cases, based on a superseded statute (the old CPLR §835), had stated in dicta that “the power to waive the attorney-client privilege ends with the death of the client.”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 ...
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 ...
Id. 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.
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.
Four Practical Tips for Protecting the Attorney-Client Privilege,... CLEARLY IDENTIFY PRIVILEGED COMMUNICATIONS. PRIVILEGE RULES OUTSIDE THE US ARE DIFFERENT. USE CAUTION WHEN COMMUNICATING WITH OUTSIDE DIRECTORS. IN-HOUSE COUNSEL SHOULD CAREFULLY CONSIDER THE RISKS OF SIGNING AFFIDAVITS OR SWORN STATEMENTS.