Matter Of The Grand Jury Investigatio

669 N.Y.S.2d 179 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Attorney (A) was subpoenaed before the Grand Jury and questioned about his client without having to waive immunity from prosecution. A represented a client during divorce and custody hearings and was her attorney of record when she left the immediate area and disappeared with her seven-year-old son. A had applied to the New York State Supreme Court to be relieved as her attorney but following her flight and prior to being relieved, A was contacted by his client to discuss the possible charges related to her flight and has had multiple contacts with her over a two-year period including a face to face meeting with her. A even tried to contact her to have her take advantage of a negotiated settlement but could not contact her. A testified that he did not know of her whereabouts but declined to answer whether the child was in school; asserting privilege. A basically asserted the attorney-client privilege to any question that related to his ex-client’s whereabouts. The People contend that such information is not privileged and seek an order compelling A to respond.