Who we help

Co-Counsel and Referrals for Tax Professionals

Litigation and privileged counsel when a client's matter outgrows the CPA or preparer engagement.

Some tax matters outgrow the engagement they started in. An examination turns confrontational, a balance heads toward litigation, unreported income surfaces, or a client needs the protection of a privilege a preparer cannot provide.

When that happens, the accountant or advisor who has done everything right still needs a tax litigator in the room. Whiteford partners with CPAs, enrolled agents, financial advisors, and other attorneys as co-counsel, and accepts direct referrals, handling the controversy while helping protect the referring professional's relationship with the client.

When to bring in a tax attorney

The signals are usually clear in hindsight and worth catching early: an audit that starts probing intent rather than numbers, indications of a criminal referral or an eggshell audit where errors on the return could suggest fraud, or a matter heading to IRS Appeals or the U.S. Tax Court.

A client who needs privileged advice, or a situation where the preparer's own involvement makes independent counsel for the client the right call, belongs on the same list. In each of these, bringing in an attorney early expands the options and protects everyone, including you.

Common issues

Co-counsel engagements

In a co-counsel arrangement you typically stay involved and keep the client relationship, while we take on the legal strategy, the IRS or court process, and any litigation. You bring the financial history and the working knowledge of the client. Our standard practice is that the matter stays in your book of business, subject to the client's direction.

Kovel arrangements and privilege

The accountant-client relationship does not carry the protection the attorney-client relationship does, and the federal tax practitioner privilege is narrower still: it does not reach criminal matters or communications about tax shelters. A properly structured Kovel arrangement, in which the attorney engages the accountant, can extend attorney-client privilege to that work in appropriate circumstances.

Direct referrals

When you would rather hand a matter off entirely, we take the referral and handle it end to end, and our practice is to return the client to you once the tax controversy is resolved, consistent with the client's direction. We treat referral relationships as long term and keep you informed at the level you prefer.

Defending tax professionals

We also represent accountants and firms themselves. Our team has represented accounting professionals and firms in disciplinary investigations and regulatory inquiries and has supported accounting-malpractice defense, which informs how we read practitioner exposure and how discreetly these matters are managed.

Recommended next steps

  • Call before sensitive analysis goes into writing, because a Kovel engagement has to be structured first, not afterward.
  • Bring in counsel as soon as an examination starts probing intent rather than numbers.
  • Tell us how involved you want to stay, since co-counsel and direct referral are both available.
  • Flag any exposure of your own early, so the client's representation and yours stay properly separate.

How we help

Frequently asked questions

If I refer a client, will I lose the relationship?
No. In co-counsel engagements you typically stay involved and keep the client relationship, and on direct referrals our practice is to return the client to you once the controversy is resolved, consistent with the client's direction. We treat referral sources as long-term partners rather than one-time introductions.
What is a Kovel arrangement and when do we need one?
A Kovel arrangement is one in which an attorney engages an accountant to assist in providing legal advice, which in appropriate circumstances can extend the attorney-client privilege to the accountant's work. Because the scope can vary, and the federal tax practitioner privilege under section 7525 does not reach criminal matters, the engagement should be structured before sensitive analysis is committed to writing.
When should I bring in a tax attorney rather than handle it myself?
Strong signals include an audit probing intent, any hint of a criminal referral or an eggshell audit, a matter heading to IRS Appeals or the U.S. Tax Court, a client who needs privileged advice, or your own potential exposure. Involving counsel early is easier and safer than waiting for the matter to harden.
Do you handle criminal tax matters?
Yes. The firm defends criminal tax investigations and charges, which is one reason accountants bring us in early when an examination begins to show signs of turning criminal. An eggshell audit, where errors on the return could suggest fraud, is the clearest example of a matter where the preparer should not be the only professional involved.

Where we work

All Whiteford offices where you can meet with an attorney

Maryland

Baltimore

7 St Paul Street
Suite 1500
Baltimore, MD 21202
(410) 498-6815
Maryland

Columbia

8830 Stanford Boulevard
Suite 400
Columbia, MD 21045
(410) 431-1954
Maryland

Ocean City

7408 Coastal Highway
Ocean City, MD 21842
(302) 829-3043
Maryland

Rockville

111 Rockville Pike
Suite 800
Rockville, MD 20850
(410) 347-8730
Maryland

Towson

Towson Commons, Suite 300
One West Pennsylvania Avenue
Towson, MD 21204-5025
(443) 278-2191
Colorado

Denver

2128 West 32nd Avenue
Denver, CO 80211
(720) 419-1296
Delaware

Bethany Beach

26 N. Pennsylvania Avenue
Bethany Beach, DE 19930
(302) 829-3043
Delaware

Rehoboth Beach

18949 Coastal Highway
Rehoboth Beach, DE 19971
(302) 829-3043
Delaware

Wilmington

600 North King Street
Suite 300
Wilmington, DE 19801
(302) 337-5359
District of Columbia

Washington, DC

1717 Pennsylvania Avenue NW
Suite 1300
Washington, DC 20006
(202) 972-6503
Florida

West Palm Beach

222 Lakeview Avenue, Suite 1550
West Palm Beach, FL 33401
(561) 282-9850
Kentucky

Lexington

250 West Main Street, Suite 1800
Lexington, KY 40507
(859) 687-6700
New Jersey

Fairfield

375 Passaic Avenue
Suite 100
Fairfield, NJ 07004
(973) 227-5900
New York

New York

444 Madison Avenue
4th Floor
New York, NY 10022
(646) 618-8660
New York

White Plains

1025 Westchester Avenue, Suite 106
White Plains, NY 10604
(914) 580-9176
North Carolina

Charlotte

4064 Colony Road
Suite 315
Charlotte, NC 28211
(980) 242-5001
Pennsylvania

Pittsburgh

11 Stanwix Street
Suite 1400
Pittsburgh, PA 15222
Virginia

Falls Church

3190 Fairview Park Drive
Suite 800
Falls Church, VA 22042
(703) 280-9260
Virginia

Richmond

Two James Center, 1021 E. Cary Street
Suite 2001
Richmond, VA 23219
(804) 485-1492
Virginia

Roanoke

10 S Jefferson Street
Suite 1110
Roanoke, VA 24011
(540) 759-3560
Virginia

Virginia Beach

249 Central Park Avenue
Suite 300-91
Virginia Beach, VA 23462
(757) 208-9512
Contact Michael March