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Kovel accountants are hired when a tax attorney is concerned that conduct by his client, or in some cases lack of conduct, could result in criminal tax charges being brought. The tax attorney needs to understand from a numbers point of view what the exposure might be.
Hear this out loud PauseA sample Kovel letter agreement that counsel may use to retain an accounting firm to aid counsel in providing legal advice or services while maintaining the attorney-client privilege and attorney work product doctrine protections.
Hear this out loud PauseGenerally, engagement letters are not privileged; however, if legal advice or strategy is conveyed in the letter, those portions of the letter may be privileged.
A Kovel agreement typically states that the workpapers created by the CPA firm belong to the attorney in order to maintain privilege.
Hear this out loud PauseA Kovel agreement is an arrangement whereby a client engages counsel to provide legal services, and counsel, in turn, engages specialists, such as CPAs, to support its services to the client.
Hear this out loud PauseThis privilege is codified in California law via Evidence Code 954, which gives your attorney the right to refuse to divulge the contents of your conversation, gives you the right to require confidentiality from your attorney, and with few exceptions, makes any breach of that confidence inadmissible in court.