N.Y. Civil Practice Law & Rules § 4503: Attorney

§ 4503. Attorney. (a) 1. Confidential communication privileged.

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 to disclose such

communication, nor shall the client be compelled to disclose such

communication, in any action, disciplinary trial or hearing, or

administrative action, proceeding or hearing conducted by or on behalf

of any state, municipal or local governmental agency or by the

legislature or any committee or body thereof. Evidence of any such

communication obtained by any such person, and evidence resulting

therefrom, shall not be disclosed by any state, municipal or local

governmental agency or by the legislature or any committee or body

thereof. The relationship of an attorney and client shall exist between

a professional service corporation organized under article fifteen of

the business corporation law to practice as an attorney and

counselor-at-law and the clients to whom it renders legal services.

2. Personal representatives. (A) For purposes of the attorney-client

privilege, if the client is a personal representative and the attorney

represents the personal representative in that capacity, in the absence

of an agreement between the attorney and the personal representative to

the contrary:

(i) No beneficiary of the estate is, or shall be treated as, the

client of the attorney solely by reason of his or her status as

beneficiary;

(ii) The existence of a fiduciary relationship between the personal

representative and a beneficiary of the estate does not by itself

constitute or give rise to any waiver of the privilege for confidential

communications made in the course of professional employment between the

attorney or his or her employee and the personal representative who is

the client; and

(iii) The fiduciary's testimony that he or she has relied on the

attorney's advice shall not by itself constitute such a waiver.

(B) For purposes of this paragraph, "personal representative" shall

mean (i) the administrator, administrator c.t.a., ancillary

administrator, executor, preliminary executor, temporary administrator,

lifetime trustee or trustee to whom letters have been issued within the

meaning of subdivision thirty-four of section one hundred three of the

surrogate's court procedure act, and (ii) the guardian of an

incapacitated communicant if and to the extent that the order appointing

such guardian under subdivision (c) of section 81.16 of the mental

hygiene law or any subsequent order of any court expressly provides that

the guardian is to be the personal representative of the incapacitated

communicant for purposes of this section; "beneficiary" shall have the

meaning set forth in subdivision eight of section one hundred three of

the surrogate's court procedure act and "estate" shall have the meaning

set forth in subdivision nineteen of section one hundred three of the

surrogate's court procedure act.

(b) Wills and revocable trusts. In any action involving the probate,

validity or construction of a will or, after the grantor's death, a

revocable trust, an attorney or his employee shall be required to

disclose information as to the preparation, execution or revocation of

any will, revocable trust, or other relevant instrument, but he shall

not be allowed to disclose any communication privileged under

subdivision (a) which would tend to disgrace the memory of the decedent.