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While the I.R.C. has codified an accountant-client privilege for tax matters, it is very limited in its protection of communications. Because of this limited scope, accountants entering into sensitive discussions should always involve or consult legal counsel.
This privilege includes other confidential information obtained by the accountant from the client for the purpose of rendering accounting advice. (3) The privilege may be claimed by: (a) The client. (b) A guardian or conservator of the client.
(a) A license holder or a partner, member, officer, shareholder, or employee of a license holder may not voluntarily disclose information communicated to the license holder or a partner, member, shareholder, or employee of the license holder by a client in connection with services provided to the client by the license ...
(a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).
While there is no accountant-client privilege under the common law, some communications between an accountant and a client may be privileged under the attorney-client privilege if the accountant is acting as an agent of the attorney.
(2) A client has a privilege to refuse to disclose, and to prevent any other person from disclosing, the contents of confidential communications with an accountant when such other person learned of the communications because they were made in the rendition of accounting services to the client.
Some states, like Colorado, Missouri, Florida and Pennsylvania, recognize the privilege. In lawsuits filed in those states, the information will be treated as privileged unless the suit is filed in a federal court. If the legal proceedings involve federal issues, then the privacy of information will not apply.
A lawyer should maintain communication with a client concerning the representation. A lawyer should keep in confidence information relating to representation of a client except so far as disclosure is required or permitted by the Rules of Professional Conduct or other law.