Matter Of The Grand Jury Investigation

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

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Nature of the Case

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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.