Re: Acceptable form of NDA for CPA

> I have a novel idea for a new business. (A number of

> > people say I'm quite twisted.) > > > > I am going to need lots of professional help.. with > > getting it set up, of course. > > > > While I don't mind paying for the help, the only barrier > > to entry for this business will be knowledge and I don't > > want my idea being sold or used by my professional advisor > > _before_ I get my company started. > > > > What type of non-disclosure contract would be acceptable > > to a 'reasonable' accounting or legal professional? What > > sort of things should it cover? How much 'extra' should I > > be willing to pay to have them sign that obligating > > document? > > I won't speak of other professionals, but CPAs are bound by > professional ethics and the accountancy laws of most (if not > all) states to a standard of non-disclosure of any client > information. Thus, for example, if a bank loan officer calls > to get information about "someone" who is applying for a > loan, I will make sure that I have obtained permission from > my client before I will even acknowledge that the "someone" > IS my client. > > CPAs and other tax preparers (and arguably also attorneys) > are also bound by the new privacy act requirements (although > this applies only to individuals and not to companies). Ask > for a copy of the privacy act notice and read it carefully. > It may answer your NDA needs at no cost to you. > > If a potential client asked me to sign a NDA, I would want > to run it by MY attorney before signing it. Thus, I would > ask for several hundred Georges up front for my time and the > attorney fee. I also would wonder if this person is worth > having as a client in the first place, since trust between a > CPA and client is essential to a good working relationship. > > Tom > > --Solving your tax and business problems with > Professional Service...Personal Attention > Email: snipped-for-privacy@aol.com > Web:
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> > > > > > > > >

That's ironic, because I wouldn't hire anyone-- tax preparer or otherwise-- who'd give pause about signing a NDA if asked. And if someone who declined tried to feed me a line like that about having to trust each other, I'd run. Fast.

Reply to
TX Trek
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I have done a lot of professional consulting over the years, and I have learned that when someone asks for an NDA up front, I can be pretty sure both that he grossly overestimates the value of his secrets, and that he assumes everyone else is as sleazy as he is. So I generally save myself a lot of grief and say no. In the few cases where I say yes, I demand a retainer, since I'm not going to do it for free.

As others have noted every CPA is bound by the AICPA Code of Professional Conduct, in which section 301 says "A member in public practice shall not disclose any confidential client information without the specific consent of the client." If I were a CPA and a client wanted me to sign an NDA, I would immediately wonder what other ignorant BS he'd demand and whether I really wanted his business.

R's, John

Reply to
John Levine

John Levine wrote

I agree that they may well overvalue their idea, and are being overly cautious asking for an NDA from an accountant or lawyer, who by law have to keep things confidential anyway. But if it's someone who is paying by the hour, I might well work with him anyway.

I've signed NDAs for clients. As far as I'm concerned it really doesn't change my obligations to the client. And if it makes him feel better (and he's actually a decent client who pays bills on time), my feeling is, why not?

Reply to
Stuart O. Bronstein

WOW!!! This thread is a blast from the past...like around 16 years ago!! And where are all of the original participants? I know Ed Zollars is out there somewhere, but I've long since lost touch with the others.

Oh, and if anyone cares, my response to this issue today would be exactly the same as it was then. :-)

MTW (CPA-Retired)

Reply to
MTW

I thought even section 230 tax preparers (EAs, primarily) were also forbidden to disclose confidential client information. On the other hand, I'd be willing to sign an NDA for sufficient funds to cover medical attention covering damage due to excessive laughing or physical damage from the client afterwards.

-- Arthur L. Rubin

Reply to
Arthur Rubin

Arthur Rubin wrote in news: snipped-for-privacy@googlegroups.com:

:-)

Reply to
Stuart O. Bronstein

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