Many attorneys, particularly tax practitioners, constantly utilize and collaborate with accountants, and every litigator has used accountants to determine damages or expose financial improprieties. Whether simply consulting a client’s in-house or outside accountant or utilizing an accountant as an expert witness, care must be taken to protect confidential information.
There are at least three potential ways to protect an accountant’s confidential information: relying on the limited accountant-client privilege, where available; entering into a Kovel agreement with an accountant; and designating an accountant as a consulting or testifying expert witness.
The Accountant-Client Privilege
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