Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 20, 2019 |
signed chap.529 |
Nov 08, 2019 |
delivered to governor |
Jun 19, 2019 |
returned to senate passed assembly ordered to third reading rules cal.510 substituted for a7601 referred to judiciary delivered to assembly passed senate ordered to third reading cal.1715 |
Jun 07, 2019 |
referred to rules |
Senate Bill S6409
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2019-S6409 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7601
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §4503, CPLR
2019-S6409 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6409 SPONSOR: GAUGHRAN TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the privilege between a personal representative and the attorney to lifetime trustees This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Surro- gate's Court Advisory Committee. This measure would amend CPLR 4503(a) to extend the attorney-client privilege to lifetime trustees. The current statute's failure to do this is an oversight. In August 2002, CPLR 4503(a) was amended to protect from disclosure confidential communications between a fiduciary and his or her attorney. The purpose of the amendment was to overturn a line of cases that had carved out a "fiduciary" exception to the attorney-client privilege. The amendment codified three changes to the attorney-client privilege: (1) that confidential communications between a fiduciary and his or her attorney are protected; (2) that no waiver may be found by virtue of the relationship between the fiduciary and beneficiary or beneficiaries; and
2019-S6409 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6409 2019-2020 Regular Sessions I N S E N A T E June 7, 2019 ___________ Introduced by Sen. GAUGHRAN -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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