TITLE 9

EVIDENCE

CHAPTER 2

WITNESSES

9-203A.  Confidential communications with accountants. 1. Any licensed public accountant, or certified public accountant, cannot, without the consent of his client, be examined as a witness as to any communication made by the client to him, or his advice given thereon in the course of professional employment.

2.  Notwithstanding the provisions of subsection 1 of this section, as part of a proceeding or investigation conducted by the board of accountancy or quality review program required, implemented, conducted or approved by the board of accountancy, a certified public accountant or a licensed public accountant may be examined and may disclose any communication made by a client to the certified public accountant or licensed public accountant, or any advice given by that accountant in the course of his professional employment.

3.  Any person participating in a proceeding or investigation by the board of accountancy or in the conduct of a quality review program required, implemented, conducted or approved by the board of accountancy shall only be entitled to use the information disclosed by the certified public accountant or licensed public accountant for purposes related to the proceeding, investigation or quality review program and otherwise cannot, without the consent of the accountant’s client disclose or be examined regarding the information obtained from the accountant in the course of the proceeding, investigation or quality review program except in connection with the proceeding, investigation or quality review program. In addition, any person participating in the proceeding, investigation or quality review program cannot, without the consent of the accountant’s client, disclose or be examined regarding their analysis of the information provided by the accountant pursuant to the proceeding, investigation or quality review program, except in connection with the proceeding, investigation or quality review program.

4.  The word "client" used herein shall be deemed to include a person, a corporation or an association. The word "communication" as used herein shall be deemed to include but shall not be limited to, reports, financial statements, tax returns, or other documents relating to the client’s personal and/or business financial status, whether or not said reports or documents were prepared by the client, the licensed public accountant or certified public accountant, or other person who prepared said documents at the direction of and under the supervision of said accountants.

History:

[9-203A, added 1978, ch. 262, sec. 1, p. 570; am. 1989, ch. 149, sec. 1, p. 359.]