Consumer Tax: Meeting with a Lawyer

  • Treat your first meeting as a business consultation. Dress well and be prompt. Be polite and courteous. You will want to impress the lawyer, just as he or she will be trying to impress you.

  • Keep in mind that it takes a special kind of temperament to be a tax lawyer; so don't be too quick to judge a candidate based on personality alone. A tax lawyer is not going to have to impress a jury of your peers. Instead, he or she will be acting on your behalf in dealing with government representatives who will walk the same walk and talk the same talk that sometimes only tax professionals do.

  • Give a lawyer the chance to get to know you. Don't feel compelled right off the bat to blurt out everything you want to tell the lawyer about your legal issues or needs. Many times, a lawyer will want to get some background on you and even shoot the breeze a bit. This opportunity will provide both you and the lawyer with the chance to evaluate each other on an informal basis

  • Unless you're invited by the lawyer to tell your story, try to let him or her do most of the talking initially. You will have all sorts of information that you will want to relate, but the lawyer will be better able to hone in on the background facts that he or she feels are relevant or important. The more prepared you are in this regard with completed questionnaires, documents, diagrams and your own questions, the easier this process will be, and the more you will impress the lawyer.

  • During your initial consultation, you will want to share all relevant information with the lawyer. Even if you don't end up hiring the lawyer, everything you tell him or her during your meeting is subject to the lawyer-client privilege, so candor is in your best interests. Let your lawyer decide what is or is not in your favor. It is much better for the lawyer to know the bad things up front, rather than be surprised later.

  • If the lawyer is interested in representing you, he or she will go through some educational process with you. The lawyer may give you alternatives as to what you can do, and you should discuss relevant considerations with respect to each option. Look for practical tax advice that in your own mind translates into good common sense.

  • Depending up on how well prepared you are, the lawyer may even be able to give you advice and counsel on how to proceed with respect to your situation. This could be especially important when time is of the essence. For example, if you have received notice of an audit, you will want a lawyer to get on the matter right away.

  • By the end of your meeting, you should leave with a clear understanding of what you have accomplished. If the lawyer is wiling to take your case, you should be told he or she charges for services. You may be presented with a contract that is called a retainer agreement or a legal services agreement. The lawyer should explain it to you. Read and understand the document before you think about signing it. At that time, or before services are rendered, you may also be asked to provide a retainer or deposit up front.

  • If you decide to hire a tax lawyer, you will probably also be asked to sign a power of attorney that authorizes the lawyer to contact the IRS or other taxing authorities on your behalf. Usually, these authorities will not talk to anyone except the taxpayer, unless they are acting under the authority of a power of attorney that the taxpayer has signed.

  • Be clear on what is to happen next and then be sure to follow through on whatever you have been asked to do by your new lawyer. The lawyer will insist on cooperation from your end. If it is not clearly spelled out in a retainer agreement, also be sure to ask the lawyer how he or she would prefer to communicate with you, and then keep in regular contact with your lawyer.

  • You probably wouldn't be meeting with the lawyer in the first place if you weren't ready to hire somebody. While you may still change your mind at almost any point, be prepared to proceed forward by bringing a check book and/or a credit card to pay a retainer to the lawyer if he or she asks before proceeding forward. Keep in mind that lawyers cost a lot of money and you will be expected to pay for their services. From the lawyer's perspective, a client who is unwilling to pay a retainer up front for good legal advice may not be willing to pay for it down the road.

    • Related Resources on lawyers.com
    - Selecting A Tax Lawyer
    - Preparing to Meet With A Tax Lawyer
    - Attorney Client Relationship articles and information
    - Taxation articles and information
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