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COVER STORY that time wisely is well served. Even the one-person business start-up should hird party help them get this organized." CPA on the advisory board. And, as long as you set the expectations for them of what you are looking for, they can help you with new clients, be door openers to other companies, negotiate with vendors and so much more." Accountants and tax attorneys often work closely for you as a business owner, and that's quite beneficial in the long run. "I like to get the accountant involved," said attorney Bob Anderson, a shareholder with the firm of Holland & Hart, who has practiced tax law in Las Vegas for more than three decades. "I work very closely with accountants and have a great respect for them. It's a team approach." As far as tax attorneys go, business operators often don't think of calling them unless there's trouble. But there are proactive reasons to call them, too. It's worth remembering that the job of a tax attorney is often to save their clients money, and they're trained to familiarize themselves with the tax codes and minimize business owners' tax liability. As with accountants, key factors in choosing a tax attorney include reputation, experience and cost; word of mouth goes a long way, as well. Such resources as lawyers.com, avvo.com and the Martindale-Hubble peer review ratings can be helpful in identifying the best of the bunch in your area, too. Those peer review ratings are an objective indicator of a lawyer's high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. Another resource to consider is the State Bar of Nevada's website at www.NVbar.org. The site includes information about disciplinary actions involving attorneys, but does not include pending discipline cases. But Anderson said a step every business operator should take is a face- to-face discussion with a prospective attorney. "Meet with the lawyer," he said. "No lawyer should charge for that initial consultation. See where they are coming from. You have to be comfortable talking with your attorney. Call a business associate, too, | 13 FEBRUARY 2012 | and ask who they use." After you've selected a lawyer, you'll need to decide how often you'll need to consult them. Some business will utilize attorneys only for specific projects, while others may establish a full-time relationship to rest easier at night knowing advice is only a phone call or an email away. "Any business of any significant size ought to have a tax lawyer accessible to them," said Anderson, who is also the president of the Southern Nevada chapter of the Nevada Society of Certified Public Accountants. "If I have a continuing relationship with a client, he can call me with a question that may only will take a couple of minutes to answer. I'm not going to be billing him for those phone calls. I may tell him that his issue in question isn't a problem and don't worry about it. Or I may say, 'Oh that may be a problem. Let's meet. "It's kind of like your primary care physician. He knows your health history. You want your tax attorney to know your business history." Michelle Ferreira, a shareholder with the law firm of Greenberg Traurig who practices tax law out of its San Francisco office, points out another good reason to maintain a relationship with a tax lawyer. "Tax attorneys are essential when there are questions about taking a certain filing position over another, when the law is uncertain and unsettled," Ferreira said. "In fact, a business that gets tax advice from an attorney is likely to insulate the business from penalties, if asserted by a state or federal taxing agency." It isn't always a best practice to wait until you're in hot water with the IRS before lining up the representation of a tax attorney. But some of that depends on the industry your business falls under. "For instance, a mom-and-pop dry cleaners probably isn't going to have any significant tax issues," Anderson said. "But a business that's active in transactions and is buying and selling businesses, or one that has a lot of assets probably needs one. As the dollar size of transactions grow, the need for tax advice grows as well. The risk is simply higher." 3 THE CHECKLIST GETTING HELP WITH TAXES CHOOSING THE RIGHT ACCOUNTANT 3 Look for a good personal connection. Find someone who will listen to you and understand your business. 3 Find someone reliable. You need someone who will be there when you need them and someone who can meet your deadlines. 3 Search for someone proactive. You want someone who is going to ask questions and present problems before they occur. 3 Make sure they have experience in your industry. It makes a difference, for instance, whether you operate a business where inventory is a huge part of the finances, or if you're in an industry such as banking where there is no such thing as inventory. 3 Be certain they are trustworthy. You're putting your money in their hands, so the least you can do is be confident that they're going to be honest and haven't had problems in this area in the past. For help, visit the American Institute of CPAs' website at www.AICPA.org and the Nevada State Board of Accountancy's website at www.NVaccountancy.org. CHOOSING THE RIGHT TAX ATTORNEY 3 Get feedback from others. Ask fellow business owners if they were satisfied with their legal services. 3 Evaluate their qualifications. Review the lawyer's information with the American Bar Association or other websites that provide peer reviews, and the State Bar of Nevada's site at www.NVbar.org. 3 Schedule a consultation. Most attorneys waive their initial consultation fee, and this will give you a chance to see who best suits your budget and requirements. 3 Discuss what they will do for you. Determine whether you need the attorney as a consultant or someone to represent you on an ongoing basis. 3 Form a contract. Make sure anticipated fees, hourly rate (or flat fee) and an estimate of the number of hours your case requires are all addressed. — RL 17