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Quote of the Day - Someone's boring me. I think it's me. - Dylan Thomas
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Audit Response Letters Protected Under the Work-product Shield

Attorneys who represent clients in litigation have to respond to auditors all the time. They're called audit response letters.

Boring, in a word. Just imagine. Lawyers and auditors in the same room.

Not only boring. Snoring.

But, some big news for both lawyers and accountant auditors today from our local court of appeals.

It's new law here in California. Federal courts have come down on both sides of the issue, but we've never addressed it before.

The court decided that audit response letters are protected by the attorney work-product privilege, and not discoverable by litigation adversaries.

Big deal, you say? Well, maybe not. But to lawyers, accountants and many audited companies, it is. So if you're a lawyer and looking for a practice tip out of this whole thing, here's a freebie. It's the language we already use on our audit response letters:

Confidential Attorney-client and work-product Communication
This communication is protected by the attorney-client and attorney work product
privileges, must not be disclosed to any other party, and should be treated in a confidential manner. Federal Rules of Civil Procedure, Rule 26(b)(3), Federal Rules of Evidence, Rule 501, California Code of Civil Procedure section 2018 and California Evidence Code sections 950, et seq.

We were hoping for just this decision.

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Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Friday, December 17, 2004 at 06:17 Comments Closed (0) |
 
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