Attorney Client Privilege With Consultants In Texas
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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.
Four Practical Tips for Protecting the Attorney-Client Privilege,... CLEARLY IDENTIFY PRIVILEGED COMMUNICATIONS. PRIVILEGE RULES OUTSIDE THE US ARE DIFFERENT. USE CAUTION WHEN COMMUNICATING WITH OUTSIDE DIRECTORS. IN-HOUSE COUNSEL SHOULD CAREFULLY CONSIDER THE RISKS OF SIGNING AFFIDAVITS OR SWORN STATEMENTS.
Communications between the party's attorney and any testifying expert witnesses in the case are protected from discovery, regardless of the form of the communications, except to the extent that the communications: (1) relate to compensation for the expert's study or testimony; (2) identify facts or data that the ...
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.
The purpose of the attorney-client privilege is to encourage clients to communicate freely with their attorneys, which enables attorneys to provide the best legal advice.
No matter how the attorney-client privilege is articulated, there are four basic elements necessary to establish its existence: (1) a communication; (2) made between privileged persons; (3) in confidence; (4) for the purpose of seeking, obtaining or providing legal assistance to the client.
