The attorney-client privilege is a rule that preserves the confidentiality of communications between attorneys and clients when the purpose of the communication is the client seeking legal advice and the attorney giving legal advice. The rule provides that attorneys may not disclose such communications, and opposing parties in civil litigation, criminal litigation, or other legal proceedings may not compel the disclosure of such communications. The privilege is designed to allow clients to openly share information with their attorney so the attorney can provide the most effective adv ice and representation possible.
In New York, the attorney-client privilege is codified under the New York Civil Practice Law and Rules (CPLR) Section 4503(a). This privilege ensures that any confidential communication between an attorney and their client is protected from disclosure, provided that the communication is made for the purpose of facilitating the rendition of professional legal services to the client. The privilege applies in both civil and criminal cases and can be invoked to prevent attorneys from testifying about these communications or from being compelled to disclose them in legal proceedings. The privilege remains in effect even after the attorney-client relationship has ended and can only be waived by the client. It is important to note that there are exceptions to this privilege, such as communications made with the intent to commit a crime or fraud. The purpose of the attorney-client privilege in New York is to encourage full and frank communication between attorneys and their clients, which is essential for effective legal representation.