Chief Judge Posner of the U.S. Seventh Circuit stated in 1999, (Quote) "If the taxpayer is accompanied to the audit by a lawyer who is there to deal with issues of statutory interpretation or case law that the revenue agent may have raised in connection with his examination of the taxpayer's return, the lawyer is doing lawyer's work and the attorney-client privilege may attach." (Unquote) [Nelson, 2005]
In United States v. Kovel case, the Court extended the attorney-client privilege to communications between a client and an accountant retained by an attorney. Thus California law recognizes an attorney-accountant-client privilege as a legal entitlement. [Segal, 1997] presents a review of conditions where accountant-client relationship can be considered privileged just like an attorney-client relationship. Segal also cites situation where the privileged is waived by the client's action or if it is considered not applicable due to accountant's work is not considered equivalent of legal services.
Accountant Work Product
The work an accountant performs for a client is accountant's work product. The accountant has to protect the information to protect his client's interests. In an accountant retained by an attorney, this work product could be considered privileged, which protects them from discovery. The documents prepared by an accountant is considered privileged. The work product doctrine protects all memos, briefs, documents, statements, and all tangible things prepared for a possible legal case.
The accountant has a responsibility for the work produced for his client. Recent decisions by courts have made the accountant liable to those persons who reasonably can be expected to benefit from his work...
An accountant/auditor is not liable to third party who used his financial statements. This ruling limits the professional liability of the accountants. [McCormack, 2005]
Code Violations Liable to Criminal and/or Civil Action
The accounting professionals have to be careful in allowing themselves to be involved in charges of fraud while handling a client's business. The law may decide that the accountant should have known that a fraud was being committed. Anyone recognizing the fraud cannot ignore it. The offense is punishable by professional bodies as well as through civil and criminal courts.
An accountant is liable for his own acts of negligence. He can also be held responsible for civil or criminal violation committed by his partners. An accountant is liable to prosecution if he deliberately misguides his client(s)
Misrepresentation as a member of an accounting body is liable to civil and criminal penalties. A person is not allowed to practice professional accountancy even if his license has expired.
Bibliography
McCormack, J.W. Laying the Groundwork for the Protection of a Tax Professional's Work Product, Retrieved from Internet on 28 October 2005,. http://vls.law.vill.edu/orgs/tax-law-compendium/Student/mccormack.htm
Nelson, M.B., The value of attorney-client privilege, retrieved from Internet on 29 October 2005. http://www.go-offshore.com/attorneyclientprivilegedet.htm
Schreiber, W.L., It's a matter of integrity - Professional Ethics; accounting, California CPA, 2003
Segal, M., Journal of Accountancy, April 1997, Retrieved from Internet on 28 October 2005. http://www.findarticles.com/p/articles/mi_m6280/is_n4_183/ai_19290147
