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Assembly Bill A9000

2017-2018 Legislative Session

Relates to the privilege between a personal representative and the attorney to lifetime trustees

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-A9000 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4503, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A7868

2017-A9000 (ACTIVE) - Summary

Relates to the privilege between a personal representative and the attorney to lifetime trustees.

2017-A9000 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9000
 
                           I N  A S S E M B L Y
 
                             January 10, 2018
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   privilege between a personal representative and the attorney to  life-
   time trustees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (a) of section 4503 of the civil
 practice law and rules, as added by chapter 430 of the laws of 2002,  is
 amended to read as follows:
   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  benefi-
 ciary; [and]
   (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 administra-
 tor, 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  surro-
 gate's  court  procedure  act, and (ii) the guardian of an incapacitated
 communicant if and to the extent that the order appointing such guardian
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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