1. How long have you specialized in this type of law? If the attorney has recently switched from probate to criminal law, and you are accused of committing a crime, you may want to look for a more experienced attorney. On the other hand, perhaps this attorney has been assisting a partner with criminal cases, or has done extensive work in this area previously. Find out if there is enough evidence to warrant your trust in this particular attorney for handling your case.
2. What are your fees? Never retain an attorney who is vague about the cost of his or her services, or about the type of expenses you may have to pay. While it is natural to be unsure of an exact price for copying, telephone, and postage costs, the attorney should be able to give you a ballpark figure, as well as any potential costs for expert testimony, including depositions, interrogatories, or videotaping sessions and travel fees. Try to get an estimate in writing of at least the attorney’s fee. Many charge by the hour or by the procedure, such as a $1,500 divorce. Others are required to collect a portion, like one-third, of any awards made in personal injury cases, for example.
3. What are the chances of success for my case? This will apply to issues of litigation where you are suing someone in court. You want to get a percentage, like 60 percent or 20 percent, of what the outcome is likely to be. For other types of cases, such as estate planning, you can change the question to relate to matters involving your anticipated estate plan with applicable taxes.
4. How often can I expect to hear from you? A competent attorney should be in regular contact with a client to provide status updates, even if there isn’t much to report. A monthly phone call, email, or letter will help to allay worries and confirm hearing dates so that you don’t get disconnected from the legal process for months at a time.
5. What is the likely course of my case? Your attorney should be able to give you a clear outline of what to expect. Some types of cases might require a few meetings with the attorney. Others might demand court appearances and deposition sessions. Sketch a timeline of projected activity so you can plan accordingly.
After comparing attorney responses to your questions, you may be in a better position to choose the attorney who will work most effectively to protect your interests.
You've been feeling uneasy (perhaps even guilty) because you've failed to report your under the table business income. Perhaps you've never filed a tax return, even though you know you owe money. Finally, you contact an accountant to resolve the situation.
Although it is commendable that you are trying to correct matters, hiring an accountant to do these delinquent returns could be a big mistake. The reason why is because tax evasion is a criminal offence or felony. You might also be subject to civil action.
Would you hire an accountant to defend you in a criminal proceeding? Not likely. You would be wise to hire a qualified attorney.
First of all, lawyers have something called solicitor-client privilege (also known as attorney-client privilege or legal advice privilege). This basically means that things you tell your lawyer when seeking legal advice are confidential and can't be used against you. Even written records can be covered by this privilege.
On the other hand, your accountant can be compelled to testify against you and all records in his possession can be demanded by the authorities.
Second, your lawyer can prepare a legally binding agreement that can protect you. In return for your coming clean, the tax authorities may agree not to charge you criminally and, in some cases, even reduce penalties or tax liability.
If your accountant tried to do the same thing, they could demand all information about you. Your accountant would not be protected by solicitor-client privilege.
If, say, your accountant filed your tax return from ten years ago on your behalf, the tax authorities could still charge you with tax evasion, despite the fact that you are obviously trying to rectify matters (albeit a bit late).
It is even possible that your accountant could get into trouble for failing to report your delinquency. On the other hand, your lawyer can't be compelled to testify against you, being protected by solicitor-client privilege. Your lawyer may also have his own in-house accountant in order to protect you.
Your lawyer (specializing in criminal and tax law) will likely negotiate an agreement with the tax authorities before filing any tax returns.
Therefore, if there is a good chance you could be charged criminally for your failure to file tax returns or properly report income or expenses, don't see your accountant. Instead, consult a lawyer specializing in such matters before you file or amend any returns.
Although it is commendable that you are trying to correct matters, hiring an accountant to do these delinquent returns could be a big mistake. The reason why is because tax evasion is a criminal offence or felony. You might also be subject to civil action.
Would you hire an accountant to defend you in a criminal proceeding? Not likely. You would be wise to hire a qualified attorney.
First of all, lawyers have something called solicitor-client privilege (also known as attorney-client privilege or legal advice privilege). This basically means that things you tell your lawyer when seeking legal advice are confidential and can't be used against you. Even written records can be covered by this privilege.
On the other hand, your accountant can be compelled to testify against you and all records in his possession can be demanded by the authorities.
Second, your lawyer can prepare a legally binding agreement that can protect you. In return for your coming clean, the tax authorities may agree not to charge you criminally and, in some cases, even reduce penalties or tax liability.
If your accountant tried to do the same thing, they could demand all information about you. Your accountant would not be protected by solicitor-client privilege.
If, say, your accountant filed your tax return from ten years ago on your behalf, the tax authorities could still charge you with tax evasion, despite the fact that you are obviously trying to rectify matters (albeit a bit late).
It is even possible that your accountant could get into trouble for failing to report your delinquency. On the other hand, your lawyer can't be compelled to testify against you, being protected by solicitor-client privilege. Your lawyer may also have his own in-house accountant in order to protect you.
Your lawyer (specializing in criminal and tax law) will likely negotiate an agreement with the tax authorities before filing any tax returns.
Therefore, if there is a good chance you could be charged criminally for your failure to file tax returns or properly report income or expenses, don't see your accountant. Instead, consult a lawyer specializing in such matters before you file or amend any returns.
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