New Jersey Agreement for Services between Attorney and Accountant to Audit Party's Financial Condition and to Testify in Court
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How to fill out Agreement For Services Between Attorney And Accountant To Audit Party's Financial Condition And To Testify In Court?
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FAQ
The Supreme Court has held that ?no confidential accountant-client privilege exists under federal law, and no state created privilege has been recognized in federal cases.? Couch v. United States, 409 U.S. 322, 335, (1973).
This relationship is set forth in New Jersey's Privity Statute, which states that ?no accountant shall be liable for damages for negligence arising out of and in the course of rendering any professional accounting service unless: (1) The claimant against the accountant was the accountant's client.?
Attorney trust accounts must include the prominent designation, Attorney Trust Account. The checks and deposit slips for the account must be imprinted with that title. Cash withdrawals cannot be made from trust accounts. Withdrawals from an attorney trust account must be made to named payees, and not to cash.
New York uses the territorial test, applying the privilege law of the state where the legal proceeding occurs (i.e. the state where evidence is introduced or where the discovery proceeding occurs). Because New York does not provide an accountant-client privilege, PwC's records were not protected from discovery.
This relationship is set forth in New Jersey's Privity Statute, which states that ?no accountant shall be liable for damages for negligence arising out of and in the course of rendering any professional accounting service unless: (1) The claimant against the accountant was the accountant's client.?
140.3 A professional accountant should also maintain confidentiality of information disclosed by a prospective client or employer. 140.4 A professional accountant should also consider the need to maintain confidentiality of information within the firm or employing organization.
