Segal, Cohen & Landis

Don’t Get Taxed Out: How to Find the Right Attorney for You

Samuel Landis, Esq.Approx. 14 min readPublished: Last updated:

Why Knowing How to Find a Tax Attorney Matters

How to find a tax attorney can feel overwhelming when you’re under pressure from the IRS or state tax authorities, but the process breaks down into clear, manageable steps:

  1. Start with the official attorney-licensing authority – Check the state bar or court directory, then look for relevant tax experience and any verifiable specialist certification. Search tools and certification programs differ by state.
  2. The IRS preparer directory may help identify credentialed return preparers. Verify an attorney’s state license, disciplinary record, relevant experience and applicable court admission separately.
  3. Verify the license and public disciplinary record – Use the official licensing authority’s records to check current status and any restrictions; confirm authorization for the particular agency or court involved.
  4. Review specialized qualifications – An LL.M. in Taxation or relevant former IRS work may be useful background, but neither alone proves current competence, specialist certification or a likely result.
  5. Compare consultations with 2-3 attorneys when time permits – Ask about similar matters, communication and fees, but do not let the search cause you to miss a notice or court deadline.

Keep the notice, relevant returns, payment records and supporting documents together. Identify the tax years, agency, disputed issues and response dates before contacting candidates. Ask who will protect any approaching deadline while you consider an engagement; a consultation alone does not extend it.

The practical question is which type of help your situation requires. Some routine matters can be handled personally or with a qualified CPA or enrolled agent. Potential criminal exposure, complex legal issues or litigation may call for an attorney. A legal requirement to have counsel depends on the party and forum; an individual may represent themselves in U.S. Tax Court.

Finding the right tax attorney involves more than credentials. Look for relevant experience with the problem you face, whether back taxes, payroll taxes, audit representation or estate planning. Ask the attorney to explain comparable work, available options, risks and likely tasks without revealing other clients’ confidential information. Clear communication and a realistic assessment are more useful than an unexplained success rate; past results do not predict your outcome.

This guide explains steps for finding and evaluating a tax attorney. Verify current qualifications, relevant experience and the proposed engagement terms.

Related resources for how to find a tax attorney:

Understanding the Role: What Does a Tax Attorney Do?

When researching how to find a tax attorney, distinguish a lawyer’s license from their actual tax practice. Tax attorneys may advise on federal and state tax law, compliance, planning and disputes, but their experience and services vary. Ask which agency handles your issue: the IRS administers federal taxes, while California agencies such as the Franchise Tax Board (FTB) and the California Department of Tax and Fee Administration (CDTFA) have different responsibilities. Confirm that the proposed lawyer handles your tax type and forum.

Attorney-client privilege can protect confidential communications made to obtain legal advice, subject to waiver and exceptions such as the crime-fraud exception. It does not automatically protect underlying facts, pre-existing tax records or ordinary return-preparation communications. IRC section 7525 extends a similar but limited protection to qualifying tax-advice communications with federally authorized tax practitioners in noncriminal IRS matters and related noncriminal federal tax proceedings brought by or against the United States. It does not apply to criminal matters or specified written tax-shelter promotion communications. Ask counsel to assess privilege before sharing sensitive information.

Depending on the attorney’s experience and agreed engagement, services may include:

  • IRS and State Dispute Resolution: Advising and representing clients in tax audits, administrative appeals and responses to notices of deficiency, within the representative’s authority and the applicable deadlines.
  • Tax Court Litigation: Representing clients if the practitioner is separately admitted to the U.S. Tax Court. A state law license alone does not grant that admission, and qualified nonattorneys can also be admitted under the Court’s rules. Verify the practitioner’s status using the Court’s official guidance and practitioner lookup.
  • Estate Planning: Evaluating estate and gift tax issues and lawful wealth-transfer options, in coordination with the necessary estate-planning work; tax savings depend on the facts and applicable law.
  • Business Formation: Evaluating legal entity choices and tax classifications. An LLC is a state-law entity, while S corporation treatment is a federal tax election available to eligible entities, including some LLCs. The IRS entity guidance explains the distinction; no structure guarantees the lowest tax or suits every business.

Tax Attorney vs. CPA vs. Enrolled Agent

Attorneys, certified public accountants (CPAs) and enrolled agents can all have substantial tax expertise. Eligible members of these professions generally have broad representation rights before the IRS, including audits, collections and administrative appeals, subject to authorization and practice rules. That is different from admission to a court. Evaluate the individual’s experience, the services permitted by their credentials and the scope of your matter rather than assuming a CPA or enrolled agent only prepares returns.

Service Tax Attorney CPA Enrolled Agent
Confidential tax-advice communications Attorney-client privilege may apply to qualifying legal communications; exceptions apply. Limited IRC section 7525 protection may apply to qualifying noncriminal federal tax advice. Limited IRC section 7525 protection may apply to qualifying noncriminal federal tax advice.
U.S. Tax Court Representation Only if separately admitted to practice before the Tax Court. Only if separately admitted under the Tax Court’s applicable admission rules. Only if separately admitted under the Tax Court’s applicable admission rules.
Legal defense in a criminal tax case A licensed attorney with relevant experience and any required court admission. Not by the CPA credential alone; may provide accounting support to counsel. Not by the enrolled-agent credential alone; may provide tax support to counsel.
Routine Tax Preparation If offered; a PTIN is required when the paid-preparer rules apply. If offered; a PTIN is required when the paid-preparer rules apply. If offered; enrolled agents must maintain a PTIN.
Tax analysis and legal advice Legal and tax advice within the attorney’s competence and authorized practice. Tax analysis and advice within permitted practice; no general law license from CPA status. Federal tax analysis and advice within permitted practice; no general law license from enrollment.

For more details on choosing the right professional, you can review the official guide on Choosing a tax professional | Internal Revenue Service.

How to Find a Tax Attorney: A Step-by-Step Guide

A methodical search should identify someone qualified to assess your rights, risks and available options. Verify the individual who will do the work, not just the firm name, and obtain a clear scope of engagement before relying on them to act.

  1. Start with official licensing records: Check the licensing authority in each relevant jurisdiction, including any public restrictions. Some states offer certified-specialist searches; California provides official attorney and specialist resources. Federal IRS practice can be based on a qualifying license in another U.S. jurisdiction, while state-law work and court appearances may require different authorization.
  2. Seek Relevant Expertise: Use the firm’s location directory as a starting point, then ask about experience with your actual issue, such as payroll tax or foreign financial account reporting (FBAR). A directory entry does not itself verify specialization.
  3. Ask for Referrals: Your business lawyer, accountant or financial adviser may suggest candidates. Verify each candidate independently; a referral is a starting point, not a guarantee of competence or results.
  4. Consider Location and Agency Experience: A Los Angeles tax attorney may offer useful familiarity with California matters, such as CDTFA sales tax audits and appeals before the Office of Tax Appeals (OTA). Geography alone does not establish expertise or authority; ask about the relevant procedures, jurisdiction and meeting arrangements.

Using Trusted Directories for How to Find a Tax Attorney

The IRS Directory of Federal Tax Return Preparers with Credentials and Select Qualifications can help identify listed credentialed return preparers, including attorneys. It is not a complete directory of tax lawyers, an endorsement or a substitute for checking current licensing and court admission. An attorney who does not prepare returns for compensation may not need a PTIN and may not appear there.

If an attorney will prepare returns for compensation, ask whether a Preparer Tax Identification Number (PTIN) is required and verify compliance. The rule generally covers paid preparation of all or substantially all of a federal return or refund claim, including qualifying nonsigning preparation, with specified exceptions. Merely advising or representing a taxpayer does not by itself require an attorney to obtain a PTIN. See the IRS PTIN guidance; a PTIN is not a law license or proof of tax expertise.

Vetting Professional Records for How to Find a Tax Attorney

Before you sign a retainer agreement, you must perform due diligence. A fancy website doesn’t always equal a clean record. Use the following resources to vet your candidates:

  • Disciplinary History: Check current license status and public disciplinary or administrative history with the official licensing authority, such as the State Bar of California. Read the underlying public records and ask about restrictions. A licensing profile is not a complete record of every complaint or malpractice allegation, and the absence of public discipline is not an outcome guarantee.
  • Peer and Client Reviews: The Justia Lawyer Rating and Reviews system bases its lawyer rating on attorney peer reviews, not client reviews. Client testimonials available elsewhere should also be read in context. Neither ratings nor testimonials are official licensing decisions, independently verified success rates or promises of comparable results.
  • Past Results: Ask about comparable matters and the attorney’s role, while respecting client confidentiality. An accepted Offer in Compromise for another client does not establish that you qualify: facts, eligibility, finances and the grounds for compromise differ. Assess the explanation of risks and alternatives rather than relying on a claimed win percentage.

Credentials and Verification: What to Look For

When you are looking at how to find a tax attorney, the alphabet soup of credentials can be confusing. Here is what actually matters:

  • Juris Doctor (JD) and admission: A JD is a common legal-education route, not a universal requirement for every licensed attorney. For example, California recognizes a qualifying law-office or judge’s-chambers study path. Verify the lawyer’s actual current admission and authority; a degree alone does not authorize practice.
  • LL.M. in Taxation: This Master of Laws degree reflects additional graduate study in taxation. Program length and format vary, including full-time and part-time study. It can be relevant background, but it is not required of every tax attorney, is not the same as bar specialist certification and does not by itself establish practical competence or likely results.
  • Relevant Experience: Ask about recent work with the same tax type, agency and procedural stage, as well as continuing study of current law. Years in practice alone do not establish expertise, and the lawyer handling your matter may be different from the person featured in the firm’s marketing.
  • Comparable Case Experience: Ask specifically about your issue. For an undisclosed foreign account, ask about FBAR matters and related reporting or disclosure questions. Discuss what was comparable and what was different; the number of cases alone is not a reliable success-rate measure.

If there may be criminal exposure, ask specifically about criminal tax defense experience and the limits of confidentiality before deciding what information to provide. Civil collection work and criminal investigations involve different procedures. The official IRS Criminal Investigation resource explains that agency function; it is not a lawyer-rating service.

Consultations and Costs: Asking the Right Questions

Ask whether an initial consultation is available, who will conduct it, whether a fee applies and what it covers. Bring the relevant notices and documents and prepare questions about the proposed work. Confirm when representation would begin and who is responsible for deadlines before any engagement is accepted.

What to Ask During Your Consultation

  1. What experience do you have with the agency, tax issue and procedural stage involved in my case? Ask about relevant work rather than implying personal connections with a Revenue Officer will secure a result.
  2. How will we communicate? (Will I speak to you or a “case manager”?)
  3. What steps, deadlines, alternatives and risks do you expect in my matter? Ask what could change the assessment as records are reviewed.
  4. What authorization will you need, including IRS Form 2848? This form authorizes an eligible individual to act before the IRS for the specified matters and periods. It does not erase your obligations, automatically authorize every act or grant admission to court; state agencies may require their own authorization.

Understanding Fee Structures

Fees depend on the work, billing arrangement and circumstances. An industry source such as the Clio Legal Trends Report provides broad market context, not a quote for your tax matter. Confirm the report’s date and scope and obtain the proposed lawyer’s own written terms.

  • Hourly Rates: Ask whose time will be billed, at what rates, and for an estimate that can change as the case develops.
  • Flat Fees: A defined service, such as preparing an Offer in Compromise or an innocent spouse relief request, may be quoted at a fixed fee. Clarify included work, exclusions and additional charges; the fee does not purchase an approved outcome.
  • Retainers and Advance Payments: An upfront payment may fund later work, while other retainer arrangements have different purposes. Ask how funds are held, applied, replenished and refunded; do not assume every payment described as a retainer operates the same way.

Request a written agreement covering services, fees, costs and responsibilities. Written-agreement requirements vary by jurisdiction and arrangement; review the terms before signing and keep a copy.

Frequently Asked Questions about Finding Tax Help

How much does a tax attorney cost?

Request written engagement terms describing the scope of work, billing method, rates, retainer and additional costs. Fees vary by matter; confirm the terms before retaining counsel.

Are there free or low-cost tax attorney services available?

Low-Income Taxpayer Clinics (LITCs) may provide free or low-cost representation in disputes with the IRS. They are independent of the IRS and the Taxpayer Advocate Service. Eligibility generally depends on income, the amount in dispute and the clinic’s case criteria; the published general benchmarks are income no more than 250% of the federal poverty guidelines and an amount in controversy generally no more than $50,000 for any tax year. The clinic decides whether it can take the case. Use the current Taxpayer Advocate Service clinic finder to check service areas, availability and requirements rather than assuming a clinic exists in every state or can accept every matter. Ask private firms separately whether they offer a consultation or payment arrangement and on what terms.

When should I hire a tax attorney?

Consider obtaining advice from an attorney with relevant experience, especially in the following situations. A CPA or enrolled agent may still assist within their authorized role, and the appropriate team depends on the matter:

  • You face a criminal tax investigation, prosecution, or a credible concern about potential criminal exposure.
  • You have substantial unpaid payroll taxes or potential personal trust-fund liability. The Trust Fund Recovery Penalty depends on responsibility and willfulness; it is not imposed on every employee or owner merely because a business owes tax.
  • You are considering a U.S. Tax Court petition or need representation there. Check the filing deadline and the proposed representative’s court admission. An individual may proceed without counsel; the firm’s tax services directory is a starting point for discussing assistance, not proof of court admission.
  • You receive a threatened levy or seizure notice, or a certification involving seriously delinquent federal tax debt and your passport. The IRS certifies qualifying debt; the State Department handles passport denial or revocation. Review the actual notice, applicable exceptions and response options promptly.

Conclusion

Contact the firm to confirm meeting arrangements, the jurisdictions and matters it can handle, and the scope of any proposed engagement.

Before choosing a response, review the notices, filing history, records and deadlines. Discuss the applicable law, available options and agreed scope of representation. Related information includes back-tax matters and IRS audit representation.

Ready to take the next step? Review the firm’s tax services and contact the firm to ask about a consultation, availability, fees and the scope of assistance for your situation. Any proposed approach depends on the facts and applicable law; no particular resolution is guaranteed.

Have questions about this topic? Talk to an IRS attorney today.

Segal, Cohen & Landis, P.C. — Beverly Hills. Serving clients nationwide.

Samuel Landis

Samuel Landis, Esq.

LL.M. (Tax) · Selected to Super Lawyers®

Sam Landis is a Beverly Hills IRS tax attorney specializing in IRS collection defense, audit representation, and international tax compliance for foreign nationals and US expats.

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