New York Laws
Article 45 - Evidence
4503 - Attorney.

(a) 1. Confidential communication privileged.
Unless the client waives the privilege, an attorney or his or her
employee, or any person who obtains without the knowledge of the client
evidence of a confidential communication made between the attorney or
his or her employee and the client in the course of professional
employment, shall not disclose, or be allowed to disclose such
communication, nor shall the client be compelled to disclose such
communication, in any action, disciplinary trial or hearing, or
administrative action, proceeding or hearing conducted by or on behalf
of any state, municipal or local governmental agency or by the
legislature or any committee or body thereof. Evidence of any such
communication obtained by any such person, and evidence resulting
therefrom, shall not be disclosed by any state, municipal or local
governmental agency or by the legislature or any committee or body
thereof. The relationship of an attorney and client shall exist between
a professional service corporation organized under article fifteen of
the business corporation law to practice as an attorney and
counselor-at-law and the clients to whom it renders legal services.
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
beneficiary;
(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
administrator, 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
surrogate's court procedure act, and (ii) the guardian of an
incapacitated communicant if and to the extent that the order appointing
such guardian under subdivision (c) of section 81.16 of the mental
hygiene law or any subsequent order of any court expressly provides that
the guardian is to be the personal representative of the incapacitated
communicant for purposes of this section; "beneficiary" shall have the
meaning set forth in subdivision eight of section one hundred three of
the surrogate's court procedure act and "estate" shall have the meaning
set forth in subdivision nineteen of section one hundred three of the
surrogate's court procedure act.
(b) Wills and revocable trusts. In any action involving the probate,
validity or construction of a will or, after the grantor's death, a
revocable trust, an attorney or his employee shall be required to
disclose information as to the preparation, execution or revocation of
any will, revocable trust, or other relevant instrument, but he shall
not be allowed to disclose any communication privileged under
subdivision (a) which would tend to disgrace the memory of the decedent.

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