Keeping Current—Probate

Keeping Current—Probate offers a look at selected recent cases, literature, and legislation. The editors of Probate & Property welcome suggestions and contributions from readers.


ATTORNEYS: Attorney-client privilege applies to matters after joint representation ends. In a divorce proceeding, the plaintiff moved for the issuance of a subpoena to the attorney who had drafted two revocable trusts for the defendant in 2013 and 2016 respectively, asking for complete copies of the files. The trial court granted the motion but, on appeal, the intermediate New York appellate court reversed with respect to the 2016 trust. The 2013 trust was drafted in the course of joint representation of the spouses in connection with their estate planning, and the privilege cannot apply. The 2016 trust, however, was drafted after the representation of the plaintiff ended in 2013 and did not constitute the same matter involved in the joint representation. The attorney-client privilege, therefore, applied to the records relating to the 2016 trust. Feighan v. Feighan, 118 N.Y.S.3d 674 (App. Div. 2020).

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