Leisman v. Leisman

Full title: DEBRA E. LEISMAN, Appellant, v. GERALD LEISMAN, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 17, 1994

208 A.D.2d 688 (N.Y. App. Div. 1994)

617 N.Y.S.2d 807

Opinion

October 17, 1994

Appeal from the Supreme Court, Nassau County (Brucia, J.).

Ordered that the order is affirmed insofar as appealed from, with costs.

Code of Professional Responsibility Canon 4 states that "A Lawyer Should Preserve the Confidences and Secrets of a Client". In addition, Code of Professional Responsibility EC 4-1 provides that both the "fiduciary relationship existing between lawyer and client and the proper functioning of the legal system require the preservation by the lawyer of confidences and secrets of one who has employed or sought to employ him" (emphasis supplied).

Here, the defendant had a preliminary consultation with the plaintiff's attorney regarding a prior action between the defendant and his former wife, which may bear a substantial relationship to the present litigation and which would be subject to the attorney-client privilege (see, New York Univ. v. Simon, 130 Misc.2d 1019). Copertino, J.P., Pizzuto, Altman and Hart, JJ., concur.