Attorney Client Privilege For A Corporation In New York
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Although the precise definition of attorney–client privilege varies among state and federal courts, there are four basic elements to establish attorney–client privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal ...
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.
You can freely admit to your lawyer that you committed a crime, and the attorney-client privilege will protect that conversation. But if your conversations with your attorney are for planning or furthering an ongoing crime or fraud, or one that hasn't happened yet, the attorney-client privilege doesn't apply.
There are two main exceptions to this rule: When you seek the lawyer's assistance in carrying out or planning a crime or a fraud. If the lawyer reasonably believes that disclosure of confidential attorney-client communication is necessary to prevent death or substantial bodily harm.
Although the precise definition of attorney–client privilege varies among state and federal courts, there are four basic elements to establish attorney–client privilege: (i) a communication; (ii) made between counsel and client; (iii) in confidence; (iv) for the purpose of seeking, obtaining or providing legal ...
Crime or Fraud Exception. If a client seeks advice from an attorney to assist with the furtherance of a crime or fraud or the post-commission concealment of the crime or fraud, then the communication is not privileged.
The privilege extends only to communications that the client intends to be confidential. Communications made in non-private settings, or in the presence of third persons unnecessary to accomplish the purpose for which the attorney was consulted, are not confidential and therefore are not protected by the privilege.
Which of the following may not be protected under the attorney-client privilege? A client who orally confesses to a crime. Correct!
It is clear that a "'corporate attorney' - whether an in-house lawyer or a law firm that serves as counsel to the company, owes a duty to act in ance with the interests of the corporate entity itself. His client is the corporation." Evans v.