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?
What is a Kovel arrangement and when do we need one?
When should I bring in a tax attorney rather than handle it myself?
Do you handle criminal tax matters?
Where we work
All Whiteford offices where you can meet with an attorney
Baltimore
Suite 1500
Baltimore, MD 21202
Columbia
Suite 400
Columbia, MD 21045
Ocean City
Ocean City, MD 21842
Rockville
Suite 800
Rockville, MD 20850
Towson
One West Pennsylvania Avenue
Towson, MD 21204-5025
Denver
Denver, CO 80211
Bethany Beach
Bethany Beach, DE 19930
Rehoboth Beach
Rehoboth Beach, DE 19971
Wilmington
Suite 300
Wilmington, DE 19801
Washington, DC
Suite 1300
Washington, DC 20006
West Palm Beach
West Palm Beach, FL 33401
Lexington
Lexington, KY 40507
Fairfield
Suite 100
Fairfield, NJ 07004
New York
4th Floor
New York, NY 10022
White Plains
White Plains, NY 10604
Charlotte
Suite 315
Charlotte, NC 28211
Pittsburgh
Suite 1400
Pittsburgh, PA 15222
Falls Church
Suite 800
Falls Church, VA 22042
Richmond
Suite 2001
Richmond, VA 23219
Roanoke
Suite 1110
Roanoke, VA 24011
Virginia Beach
Suite 300-91
Virginia Beach, VA 23462
No offices in that state yet. Federal matters are handled from any office.