Richards v. Richards
New York Supreme Court
Action for separation. Motion therein to compel the defendant’s attorney to disclose his client’s place of residence for the purposes of service upon the latter of an order requiring him to pay counsel fees and alimony pendente lite.
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Action for separation. Motion therein to compel the defendant’s attorney to disclose his client’s place of residence for the purposes of service upon the latter of an order requiring him to pay counsel fees and alimony pendente lite. Opposed upon the grounds that the defendant’s communication of his place of residence to his attorney was made upon a promise not to reveal it, and that it was made in the course of the attorney’s professional employment and is protected against disclosure by the provisions of section 835 of the Code of Civil Procedure.
1Opinion of the CourtBischoff, J.
Section 835 of the Code of Civil Procedure does not protect against disclosure every communication which the client may choose to make to his attorney under a pledge of secrecy. It protects only such communications as the • client may make not pending the attorney’s professional employment, but "in the course of it.” To come within the protective provisions alluded to, therefore, the communication must be one essentially confidential and relate to the subject-matter upon which the attorney’s advice was given or may be sought. Such communication to the attorney of the client’s place of abode…
2Cited by13 opinions
- Dike v. DikeWashington Supreme Court · 1968
- In re the Appointment of a Guardian for Jacqueline F.New York Court of Appeals · 1979
- People ex rel. Vogelstein v. Warden of the County JailNew York Supreme Court · 1934
- Fellerman v. BradleySupreme Court of New Jersey · 1985
- Falkenhainer v. FalkenhainerNew York Supreme Court · 1950
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