Quote of the Day - Someone's boring me. I think it's me.
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:
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.