When a taxpayer has problems with the Internal Revenue Service, or the state department of revenue, he may be able to solve it himself. However, with the intricacies of U.S. tax law being what they are, the taxpayer may find himself better served in hiring a tax attorney.
A tax attorney specializes in working with taxpayers to solve their problems with the IRS or state revenue department. In fact, they generally focus only on tax issues and relief. A tax attorney can help a taxpayer in trouble make it through an audit, have fines reduced, liens removed, and can navigate through the minefield of small business and self-employment tax issues.
Many small business owners consider their tax attorney to be as vital as their accountant. This is because a good tax attorney can help head off tax problems before they even begin. He or she can see potential trouble spots for a business and can advise the owner how to avoid them.
U.S. tax law is not only labyrinthine in structure, it also changes nearly every year. Thus, a good tax attorney will keep up with the latest changes and can advise clients accordingly. A tax attorney may also be helpful when setting up trust funds, stock portfolios and the like, so a taxpayer doesn't run into unexpected surprises on April 15.
A person looking for a tax attorney shouldn't call the first one listed in the phone book. He should look around, ask friends, or even his personal attorney (if he has one) to recommend a good tax specialist. As a prospective client, the taxpayer should look for a tax attorney with extensive experience in dealing with the IRS, in debt management cases, and in working with real live taxpayers. He should also ask the attorney for references. The taxpayer should also make certain his tax attorney is a member of the American Bar Association and the state bar association. A client should also make sure he knows what his attorney's rates are, and make arrangements for payment early on in the consultation process.
If a taxpayer finds himself in over his head where the IRS is concerned, he should certainly consult a tax attorney. Tax fines tend to snowball, and it is always in the taxpayer's best interests to get problems solved while they are still relatively small ones. Waiting until the last minute to see a tax attorney could be extremely costly, and might result in jail time for the taxpayer, as well as higher legal fees.
Money invested in the services of a tax attorney can be considered a wise investment for a taxpayer.
Showing posts with label Justice. Show all posts
Showing posts with label Justice. Show all posts
Sunday, October 7, 2007
Sunday, September 30, 2007
Criminal Defense Lawyer
A defense lawyer is an attorney that represents an accused party in legal matters, including in a court of law. The accused party is known as the defendant, hence the name, defense lawyer.
Many defense lawyers start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly. Criminal proceedings, where there is a prosecutor, don't have a plantiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant. Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own defense lawyer.
In a criminal proceeding, the job of the defense lawyer is to vigorously defend his or her client by using the law to cast doubt on the prosecution’s case. It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense lawyer does not have to prove the innocence of his or her client, as the law dictates that a person is innocent by default until proven guilty. However, if evidence exists that can exonerate a client, it is up to the defense lawyer to bring this evidence out when possible.
While it is incumbent on a defense lawyer to vigorously represent the client, there are limits. A lawyer cannot knowingly place a witness on the stand to perpetrate a lie, nor can a lawyer knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a defense lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.
Conversely, depending on the circumstances, it might help a defense lawyer to know the truth in order to strategize a mitigation of punishment by presenting the case in the best possible light, making allowances where there is no plausible denial. This might be the case if there is undisputed truth of guilt. Many of these cases are plea-bargained before they reach court or tried in hopes of getting a lesser sentence for the client, or even acquittal if there are sufficient mitigating circumstances.
In a civil proceeding, the job of a defense lawyer becomes tougher, because the threshold of guilt is lowered to a 51% preponderance or likelihood that the defendant committed the crime. Often, when defendants are found “not guilty” in criminal trials, the victims pursue civil remedies for financial restitution. Civil courts do not hand down prison sentences.
While a prosecutor can make a respectable salary, a high profile defense lawyer is one of the most lucrative careers in law. Defendants with assets that face possible prison terms are willing to pay the best lawyers to ensure the greatest possible chance of avoiding prison. Cases that go on for months can cost defendants millions of dollars. A high-profile defense lawyer is also often a celebrity due to the notoriety of his or her cases.
Arguably, the most recognized defense lawyer in the world is the late Johnny Cochran (1937-2005). In 1995, Cochran successfully defended Orenthal James Simpson against the murder of his ex-wife Nicole Brown and her friend, Ronald Goldman. Prior to that, Cochran’s other high-profile cases included the 1993 child molestation settlement of Michael Jackson, and in 1992, the defense of Reginald Denny, a Caucasian truck driver beaten with bricks during the 1992 Los Angeles riots
Many defense lawyers start out as prosecutors for the state. The prosecutor is there as an agent of the state, acting in the interest of the victim, but not representing them directly. Criminal proceedings, where there is a prosecutor, don't have a plantiff, per se, as the party that brings charges against the defendant is a public agency. If a party is charged with a crime and cannot afford to hire a private defense lawyer, the state will assign an attorney to represent the defendant. Though there are many talented state-appointed defense attorneys, accused parties with means usually hire their own defense lawyer.
In a criminal proceeding, the job of the defense lawyer is to vigorously defend his or her client by using the law to cast doubt on the prosecution’s case. It is up to the prosecutor to convince a jury beyond a reasonable doubt that the defendant is guilty. The defense lawyer does not have to prove the innocence of his or her client, as the law dictates that a person is innocent by default until proven guilty. However, if evidence exists that can exonerate a client, it is up to the defense lawyer to bring this evidence out when possible.
While it is incumbent on a defense lawyer to vigorously represent the client, there are limits. A lawyer cannot knowingly place a witness on the stand to perpetrate a lie, nor can a lawyer knowingly lie to the court. For this reason, in high profile cases, it is not unusual that a defense lawyer will not want to know if the client is guilty. Without that absolute knowledge, the defense strategy can remain more flexible.
Conversely, depending on the circumstances, it might help a defense lawyer to know the truth in order to strategize a mitigation of punishment by presenting the case in the best possible light, making allowances where there is no plausible denial. This might be the case if there is undisputed truth of guilt. Many of these cases are plea-bargained before they reach court or tried in hopes of getting a lesser sentence for the client, or even acquittal if there are sufficient mitigating circumstances.
In a civil proceeding, the job of a defense lawyer becomes tougher, because the threshold of guilt is lowered to a 51% preponderance or likelihood that the defendant committed the crime. Often, when defendants are found “not guilty” in criminal trials, the victims pursue civil remedies for financial restitution. Civil courts do not hand down prison sentences.
While a prosecutor can make a respectable salary, a high profile defense lawyer is one of the most lucrative careers in law. Defendants with assets that face possible prison terms are willing to pay the best lawyers to ensure the greatest possible chance of avoiding prison. Cases that go on for months can cost defendants millions of dollars. A high-profile defense lawyer is also often a celebrity due to the notoriety of his or her cases.
Arguably, the most recognized defense lawyer in the world is the late Johnny Cochran (1937-2005). In 1995, Cochran successfully defended Orenthal James Simpson against the murder of his ex-wife Nicole Brown and her friend, Ronald Goldman. Prior to that, Cochran’s other high-profile cases included the 1993 child molestation settlement of Michael Jackson, and in 1992, the defense of Reginald Denny, a Caucasian truck driver beaten with bricks during the 1992 Los Angeles riots
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