CONFIDENTIALITY:        Judiciary Law § 499

1. Confidential information privileged.   The confidential relations and communications between a member or authorized agent of a lawyer assistance committee sponsored by a state or local bar association and any person, firm or corporation communicating with such committee, its members or authorized agents shall be deemed to be privileged on the same basis as those provided by law between attorney and client.   Such privilege may be waived only by the person, firm or corporation which has furnished information to the committee.
   



2. Immunity from liability.   Any person, firm or corporation in good faith providing information to, or in any other way participating in the affairs of, any of the committees referred to in subdivision one of this section shall be immune from civil liability that might otherwise result by reason of such conduct.   For the purpose of any proceeding, the good faith of any such person, firm or corporation shall be presumed.

(Added L. 1993, c.327, § 1.)

Effective Date.   Section effective July 21, 1993, pursuant to L. 1993, c.327, §2.

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When, in subdivision 1, the text refers to ". . . a lawyer assistance committee sponsored by a state or local bar association . . ." it signifies the following entities:

• The Committee on Alcohol and Drug Abuse of the New York State Bar Association;
• The Committee on Alcoholism and Substance Abuse of the Association of the Bar of the City of New York ;
• The Lawyers Helping Lawyers Committee of the Brooklyn Bar Association;
• The Lawyers Helping Lawyers Committee of the Bar Association of Erie County;
• The Lawyers Concerned for Lawyers Committee of the Monroe County Bar Association;
• The Lawyer Assistance Program Committee of the Nassau County Bar Association;
• The Lawyer Assistance Committee of the Oneida County Bar Association;
• The Lawyer to Lawyer Committee of the Onondaga County Bar Association;
• The Committee on Alcohol and Substance Abuse of the Queens County Bar Association;
• The Lawyer Helping Lawyer Committee of the Rockland County Bar Association;
• the Lawyer Assistance Committee of the Schenectady Bar Association;
• The Committee on Alcohol and Substance Abuse of the Suffolk County Bar Association;
• The Committee on Alcohol and Substance Abuse of the Westchester County Bar Association, and;
• Such other lawyer assistance committees as may be created from time to time by a state or local bar association.

For purposes of the privilege created by subdivision 1, the New York State Lawyer Assistance Trust is an agent of the New York State Bar Association's Committee on Alcohol and Drug Abuse.