Attorney Client Privilege Former Employees In Texas
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FAQ
Some states have enacted a non-evidentiary accountant–client privilege. For example, Texas has a privilege rule that requires that a certified public accountant (CPA) not voluntarily disclose information communicated to the CPA by a client in connection with the engagement without the client's permission.
Generally, for a communication to be privileged under Texas law, the communication must be (1) seeking legal advice; (2) from a legal professional in his or her capacity as such; (3) related to that legal purpose; (4) made in confidence; and (5) by the client.
Some states have enacted a non-evidentiary accountant–client privilege. For example, Texas has a privilege rule that requires that a certified public accountant (CPA) not voluntarily disclose information communicated to the CPA by a client in connection with the engagement without the client's permission.
The work-product doctrine is designed to protect the attorney's thoughts, conclusions, legal theories, and mental impressions. The work-product doctrine allows an attorney to explore both the favorable and unfavorable aspects of a case without the concern that opposing counsel will benefit from the attorney's efforts.
A lawyer is not required to discontinue the representation until the lawyer knows the conduct will be illegal or in violation of these rules, at which point the lawyer's withdrawal is mandated by paragraph (a)(1). Withdrawal is also permitted if the lawyer's services were misused in the past.
Exceptions include communications relating to the death of a client or disputes between the lawyer and client, among others. Clients should be very hesitant to reveal privileged information and should almost always consult an attorney before doing so.
Confidentiality requires an accountant never to disclose a client's information without permission from that client. Because of the fiduciary relationship and confidentiality, a client can feel comfortable sharing sensitive information and facts with the accountant.