Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to codes |
Feb 26, 2009 |
referred to codes |
Senate Bill S2661
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- 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
2009-S2661 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง4503, CPLR
2009-S2661 (ACTIVE) - Summary
Establishes if the privilege for confidential communications is asserted by a personal representative or an attorney, or his or her employee, the trier of fact may draw the strongest inference against the personal representative that the opposing evidence in the record permits.
2009-S2661 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2661 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the attorney-client privilege PURPOSE : To clarify in statute the existing case law relative to the inference which a trier of fact may draw when a beneficiary objecting to an accounting is met with a claim of attorney-client confidential privilege. SUMMARY OF PROVISIONS : CPLR 4503(a) is amended to add a new subdivision iii which provides that where the privilege for confidential communications is asserted, the trier of fact may draw the strongest inference against the personal representative that the opposing evidence in the record permits. The present bill also makes a technical correction to the 2002 amendment to clarify that the protection of the attorney-client privilege extends to trustees of lifetime trusts.
2009-S2661 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2661 2009-2010 Regular Sessions I N S E N A T E February 26, 2009 ___________ Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the attorney-client privilege 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) IF THE PRIVILEGE FOR CONFIDENTIAL COMMUNICATIONS IS ASSERTED BY THE PERSONAL REPRESENTATIVE OR THE ATTORNEY, OR HIS OR HER EMPLOYEE, THE TRIER OF FACT MAY DRAW THE STRONGEST INFERENCE AGAINST THE PERSONAL REPRESENTATIVE THAT THE OPPOSING EVIDENCE IN THE RECORD PERMITS. (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 or trustee to whom letters have been issued within the meaning of subdivision thir- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09460-01-9
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