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Your firm has years of closed deals and tax files. What could be licensed?

Law and accounting firms sit on some of the most valuable work history there is, and some of the most protected. Answer a few questions and see which parts may be licensable and which never are.

FreeAbout 2 minutesPrivilege first

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How this works

Four steps, about as many minutes.

  1. Tell us your practice areas and how files are stored.
  2. Tell us how much of the work is litigation.
  3. See which parts may be licensable and which never are.
  4. Get a firm checklist by email.
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High value, with rules that come first

A transactional practice has years of contracts negotiated, redlined and closed. A tax practice has years of returns and planning work. That is exactly the kind of judgment-heavy work buyers find most useful, because it shows how experienced professionals actually make decisions.

It also comes with obligations that other businesses do not have. Client confidentiality and privilege come first, always. That is why this check starts with what never goes in, and only then looks at what might.

Transactional beats litigation

Litigation files are full of privileged strategy and court-sealed material, so they are usually off the table. Transactional work like contracts, closings, entity formation and tax planning is often easier to separate from client-identifying details, though it still needs a privilege review.

Engagement letters matter

Some firms' engagement letters already say how the firm can use its own work product. If yours do, that helps. If they do not, plan on a careful review first.

This is a checklist, not legal or ethics advice. Talk to your firm's ethics counsel before going further.

Questions about this tool.

Can a law firm license anything at all?

Sometimes, with care. Work product with client details removed and privilege reviewed may be possible. Litigation files usually are not. Your ethics counsel has the final word.

Does this apply to CPA firms?

Yes. CPA firms have their own confidentiality rules. Planning and process work is often easier to consider than client returns themselves.

What about our document system?

Firms on iManage, NetDocuments or Clio usually have well organized histories, which makes a privilege review faster.

Is this legal advice?

No. It is a checklist. Talk to your firm's ethics counsel before going further.

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