Tax Law
How to Choose a Tax Attorney
Sam Brotman, J.D., LL.M.
Credentials to Look For
At minimum: a J.D. from an accredited law school and active state bar membership. Verify bar status directly at the state bar website — good standing is not optional.
An LL.M. in Taxation signals depth in tax law and is worth looking for on complex advisory, planning, or criminal matters. It’s not required for all tax work, but it indicates the attorney prioritized tax as a specialty rather than a sideline.
Make sure the credential matches your matter type. IRS audit defense, collections work, criminal defense, and transactional advisory are different skill sets. An attorney who primarily does estate planning may not be the right fit for an IRS field examination.
Former IRS agent or DOJ background is sometimes marketed as a differentiator — it can be relevant, but it’s not a proxy for quality. The credential and the attorney’s track record in your type of matter matter more.
What to Ask in the Initial Consultation
- How many matters like mine have you handled in the last two years?
- Who specifically will be working on my case day-to-day?
- How do you structure fees — flat fee, monthly, or hourly? What’s included and what triggers additional charges?
- What are my realistic outcomes, and what are the risks if we pursue each one?
- How often will you communicate and in what form?
Red Flags
Guaranteed outcomes or “settle for pennies on the dollar” claims. No attorney can guarantee IRS outcomes — anyone who does is misrepresenting how the process works.
An unclear fee structure or a large upfront retainer with no scope definition. You should know what you’re paying for before you pay.
A non-attorney “tax relief company.” These are often staffed by salespeople, not licensed professionals. They’re unregulated in many states and cannot represent you in Tax Court.
An attorney who practices multiple areas of law without a clear tax focus. Tax law is specialized — a generalist may not have current knowledge of IRS procedure, Tax Court practice, or the relevant IRC provisions.
Pressure to hire before you’ve had time to review the engagement letter. A legitimate attorney will give you time to read what you’re signing.
Fee Structures to Understand
Flat fee: defined scope, specific engagement. You know the total cost before work begins. Best for well-defined matters.
Monthly flat fee: ongoing matters spread into installments. Predictable and useful when the timeline is uncertain but the scope is defined.
Hourly: appropriate for uncertain scope or litigation-heavy matters. Get an estimate of expected hours and ask about billing practices (minimum increments, who bills at what rate).
Always get the scope and fee structure in writing before work begins. See our pricing page for how Brotman Law structures engagements.
Questions about your specific situation?
Book a free 15-minute call. We’ll tell you whether you need an attorney, a CPA, or both.
Frequently Asked Questions
How do I verify a tax attorney’s bar membership?
What should an engagement letter include?
How long before I hear back from my attorney once I’m a client?
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