Hiring Guide
Tax Attorney Consultation: What to Bring and What to Ask
A 15-minute call done right gives you a clear assessment of your situation, a realistic outcome range, and a fee estimate — before you commit to anything.
A useful tax attorney consultation should produce three things: a clear read on your situation, a realistic outcome range, and a fee estimate. If you get those three things, the consultation worked. If you get only a sales pitch, it did not.
Most tax attorney consultations run 15 to 30 minutes. Some firms charge for the initial consultation; most do not. The point of the call is mutual — you are evaluating whether to hire the attorney, and the attorney is evaluating whether they can usefully help.
What to Bring (Documents to Have Ready)
If you can, gather these before the call. The more specific the documents, the more specific the assessment:
- Any IRS or state tax notice you have received. Take a photo or scan it. The notice number (CP14, CP90, LT11, Form 4549, etc.) tells the attorney exactly what phase of the matter you are in.
- Your most recent IRS account transcripts. You can request these free at irs.gov/individuals/get-transcript. The Account Transcript and the Wage and Income Transcript are the most useful. If you do not have them, the attorney can pull them after engagement.
- The tax returns at issue. If an audit involves your 2022 return, have a copy. If you do not have copies, the attorney can pull transcripts.
- A one-page summary of your finances. Income (gross monthly), liquid assets (bank balances, investment accounts), real estate (rough equity), and debts. This is what the attorney needs to assess collection alternatives.
- Any communications you have already had. Letters to or from the IRS, emails with prior counsel or your CPA. The history matters.
If you do not have any of this, do not let it stop you from calling. We can do a useful first conversation with no documents at all — we will just be working from your description and recommend pulling the documents after.
What the Attorney Should Ask You
A useful consultation is mostly the attorney asking, not the attorney pitching. Expect questions like:
- What kind of tax issue is this? Audit, collection, criminal, planning, opinion, dispute.
- How did you find out about it? Notice in the mail, IRS phone call, an advisor flagged it.
- What years and what amounts are at issue? Specific dollar amounts and tax years.
- What have you done so far? Have you responded? Hired anyone before? Filed anything?
- What is your current compliance status? Are all your returns filed? Are you current on this year’s payments?
- What is your financial situation? Rough picture of income and assets — matters for collection cases.
- Is there any criminal exposure? Unreported income, intentional misstatements, prior contact with CID.
- What outcome are you hoping for? Settlement, full discharge, audit closed without changes, etc.
If the attorney is not asking these kinds of questions, the consultation is not actually evaluating your case — it is pre-selling a generic resolution.
What You Should Ask the Attorney
Use the consultation to surface the things that matter:
- Based on what I have told you, what kind of case is this? Get the attorney’s read.
- What is the realistic range of outcomes? Best case, worst case, most likely.
- What is the rough timeline? Weeks, months, years.
- What would the fee structure be? Flat fee, hourly, retainer-plus-hourly, with rough numbers.
- Who would actually do the work? The attorney, an associate, a paralegal.
- What are the deadlines I am facing right now? Specific dates.
- What should I do this week, regardless of whether I hire you? A good attorney will give you protective advice even before engagement.
- Is there anything I have already done that is hurting my case? Honest read.
- Are there any cheaper alternatives I should consider? Self-help, CPA-handled work, etc.
- If you were in my shoes, what would you do? The blunt question.
What Should Happen After the Call
A well-run consultation produces a follow-up:
- An engagement letter outlining the scope, the fee, and the deliverables.
- A list of documents the attorney needs from you to begin.
- A clear next step — either a fee paid and work starts, or a written assessment, or an “I do not think this is right for our firm” with a referral.
If the call ends without any of those, follow up. If you cannot get a clear engagement letter, that is informative.
Free Consultation vs. Paid Consultation
Most firms offer a free initial call (15-30 minutes) that is qualifying — mutual sizing-up. Some firms charge for substantive consultation (typically $200-$500 for an hour) and credit the fee against engagement if you hire them. Both models are legitimate. Paid consultations tend to be more substantive; free consultations tend to be more about fit.
Brotman Law offers a free 15-minute initial call. If your situation needs a longer substantive discussion before engagement, we can schedule a paid consultation that credits against the engagement fee if you retain us.
Frequently Asked Questions
Tax Attorney Consultation FAQs
Should I sign an engagement letter on the first call?
Usually no. Take the engagement letter home, read it, and ask questions before signing. Reputable firms will not pressure you to sign on the first call. If a firm insists you sign immediately or lose the rate, treat that as a red flag.
Can I get advice on the first call even if I do not hire the attorney?
Many attorneys will give you protective advice on the first call — what deadlines you are facing, what not to do, what to gather. This is not the same as legal representation but it is useful direction. We routinely do this in our free consultations.
What if I am not sure I want a tax attorney yet?
Use the consultation to figure that out. A good first call clarifies whether your situation actually needs attorney representation or whether a CPA, Enrolled Agent, or self-help is sufficient. We are happy to tell you when an attorney is not the right call — we would rather not take a case that does not need us.
How do I get the documents I need before the call?
IRS account transcripts: request at irs.gov/individuals/get-transcript (free, requires identity verification). Prior returns: ideally from your records or your CPA. Notices: from the IRS mail itself or by calling 800-829-1040 (slow). If you do not have documents, do the call anyway — we can work from description and pull documents after.
What if the matter is sensitive (criminal exposure, prior fraud)?
The first call is privileged attorney-client communication as soon as you ask the attorney for legal advice in confidence, even before you formally engage. Be candid. The attorney needs to know the truth to give useful advice, and the conversation is protected.
Can I do the consultation by phone or does it need to be in person?
Phone or video is fine for most matters. In-person meetings are appropriate for criminal tax matters or where documents need to change hands physically. Brotman Law does the vast majority of consultations by phone or Zoom — clients are nationwide.
Get Started Today
Book the Call
15 minutes. Free. Bring the notice or transcripts if you have them — we can also do it cold and recommend next steps.
- Protected by attorney-client privilege
- Flat-fee options where appropriate
- We respond within one business day