If an accountant makes an error during an audit process, can the client sue the accountant for malpractice while the audit process is pending?

California, United States of America


The following excerpt is from International Engine Parts, Inc. v. Feddersen & Co., 38 Cal.Rptr.2d 150, 888 P.2d 1279, 9 Cal.4th 606 (Cal. 1995):

The foregoing rule both conserves judicial resources and avoids forcing the client to sue the allegedly negligent accountant for malpractice while the audit is pending. It also avoids requiring the client to allege facts in the negligence action that could be used against him or her in the audit, without first allowing the accountant to correct the error (or mitigate the consequences thereof) during the audit process. (See Ackerman v. Price Waterhouse (1992) 156 Misc.2d 865, 591

Page 159

3. Other-state Cases

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