attorney-client evidentiary privilege (New York) · Go Syfert
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attorney-client evidentiary privilege in New York

7 New York opinions name it 3 courts 1979–2005 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Greene v. Greenegreen
ny · 1979 · cited in 5 New York opinions naming this issue, 1983–2005
2 sentences

1998The protections of DR 5-108 (A) (2) underscore that an attorney owes a “continuing duty to a former client — broader in scope than the attorney-client evidentiary privilege — not to reveal confidences learned in the course of the professional relationship” (Greene v Greene, 47 NY2d 447, 453 ; see also, Tekni-Plex, Inc. v Meyner & Landis, 89 NY2d, supra, at 130-131).

1994To quote Greene (supra, at 453 ) (enunciated also in Forbush v Forbush and Rose v Becker, supra): "Underlying this rule is the notion that an attorney, as part of his fiduciary obligation, owes a continuing duty to a former client — broader in scope than the attorney-client evidentiary privilege — not to reveal confidences learned in the course of the professional relationship.

15

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Watson v. Watson green
nysupct · 1939
2 sentences

1985Underlying this rule is the notion that an attorney, as part of his fiduciary obligation, owes a continuing duty to a former client — broader in scope than the attorney-client evidentiary privilege — not to reveal confidences learned in the course of the professional relationship (see Watson v Watson, 171 Misc 175, 176 ).

1979Underlying this rule is the notion that an attorney, as part of his fiduciary obligation, owes a continuing duty to a former client — broader in scope than the attorney-client evidentiary privilege — not to reveal confidences learned in the course of the professional relationship (see Watson v Watson, 171 Misc 175, 176 ).

21979–1985
Solow v. W. R. Grace & Co. green
ny · 1994
1 sentence

1998Those protections are “designed to free the former client from any apprehension that matters disclosed to an attorney will subsequently be used against it in related litigation” (Solow v Grace & Co., 83 NY2d 303, 309 ), and thereby foster “the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys.

11998–1998
Fowler v. Forbes neutral
nyappdiv · 1992
1 sentence

1994To quote Greene (supra, at 453 ) (enunciated also in Forbush v Forbush and Rose v Becker, supra): "Underlying this rule is the notion that an attorney, as part of his fiduciary obligation, owes a continuing duty to a former client — broader in scope than the attorney-client evidentiary privilege — not to reveal confidences learned in the course of the professional relationship.

11994–1994
Cardinale v. Golinello green
ny · 1977
1 sentence

1985To obtain disqualification of the attorney, the former client need not show that confidential information necessarily will be disclosed in the course of the litigation; rather, a reasonable probability of disclosure should suffice (see Sheffield v State Bar of California, 22 Cal 2d 627; Galbraith v State Bar of California, 218 Cal 329).” (See also, Propriety and effect of attorney representing interest adverse to that of former client, Ann., 52 ALR2d 1243.) In order to obtain disqualification of the attorney, the former client need not prove that the attorney did in fact obtain confidential in

11985–1985

Where else courts name it

NY 7 (1979–2005) CA 6 (1977–2024) IL 4 (1999–2006)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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