FAQ: Why Hire an Attorney?
Why do I need a tax lawyer versus another
“tax professional”?
The main advantages of being represented by a tax attorney rather than some other “tax professional” are: the “attorney-client privilege”, legal analysis, and negotiating skills.
Attorney-Client Privilege
Only conversations with attorneys or their employees are protected by the attorney-client confidentiality privilege. Generally, this information cannot be used against the client or given to a third party (such as the IRS, a state taxing authority, or in court).
Although Congress has enacted legislation that offers some confidentiality to communications with other tax professionals, this only applies in the context where there is not a criminal case. There have been many situations where trusted tax professionals have either turned clients in to the Internal Revenue Service because they suspected criminal behavior or have testified against clients.
Legal Analysis
Many tax problems involve complicated legal issues which must be properly analyzed in order to properly advise a client regarding all of their options. Only attorneys are qualified to properly analyze legal issues and advise you of your rights. In some cases, one option or even the best option may be some type of Court procedure that only an attorney can legally handle on your behalf.
Negotiating Skills
Most tax controversies involve a significant amount of negotiation. The key to a successful negotiation is better knowledge and training. Attorneys are trained to analyze the facts in light of the law in order to construct arguments that support the desired position. These skills, along with an ability to use the court system, provide an attorney with leverage in reaching a resolution to your tax problem.
