18.32 - C. Other Privileges

• Jurisdiction: New York

C. Other Privileges

Attorney-Client. It goes without saying that the attorney-client privilege, as set forth in CPLR 4503(a), prevents the attorney from disclosing confidential conversations between the attorney and the attorney’s client and the client from being compelled to disclose such communications, unless the client consents to disclosure.

Social Worker. The social worker privilege covers confidential communications between a “certified social worker” or any person working for him or her, and the client.³²²² The term client means just that and not the spouse of a client,³²²³ unless the spouse’s presence is necessary to enable the client to communicate.³²²⁴ As a general proposition, this privilege is waivable in the same way as the other privileges.

Government Communications. Under case law, a qualified privilege has arisen that prevents any public officer or employee from disclosing confidential official information when the court determines that withholding such information would be in the public interest.³²²⁵

Trade Secrets. Case law protects disclosure of trade secrets (any formula, device or information that gives one an advantage over competitors).³²²⁶ This privilege could not be used to conceal fraud, wrongdoing or the fact that a product is dangerous to the public.³²²⁷

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Notes:

^[3222] . CPLR 4508.

^[3223] . Lichtenstein v. Montefiore Hosp. & Med. Ctr., 56 A.D.2d 281, 392 N.Y.S.2d 18 (1st Dep’t 1977).

^[3224] . Yaron v. Yaron, 83 Misc.2d 276, 372 N.Y.S.2d 518 (Sup. Ct., N.Y. Co. 1975).

^[3225] . Cirale v. 80 Pine St. Corp., 35 N.Y.2d 113, 359 N.Y.S.2d 1 (1974). See In re Langert, 5 A.D.2d 586, 173 N.Y.S.2d 665 (1st Dep’t 1958).

^[3226] . Drake v. Herman, 261 N.Y. 414 (1933).

^[3227] . Id.; Fibron Prods., Inc. v. Hooker Chem. Corp., 26 Misc. 2d 779, 206 N.Y.S.2d 659 (Sup. Ct., Erie Co. 1960).