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The Hiring Decision

Questions to Ask Before Hiring a Tax Attorney

By Darrin T. Mish, Attorney · 4 min read · June 11, 2026

The short answer

The five-question interview that exposes sales floors, plus the answers a legitimate practitioner should give instantly.

Five questions, asked before any money moves, expose nearly every bad actor in the tax resolution industry - because legitimate practitioners answer them instantly and sales floors cannot. Take this list into every consultation, including the free one here.

Questions One Through Three: The Structure

One: Who exactly will work my case, and what is their license? You want a name and a bar or credential number you can verify tonight - not 'our team of tax professionals.' Two: Will you file a Form 2848 power of attorney, and when? The right answer is immediately; the 2848 is what makes the IRS deal with your representative, and firms that file only the 8821 information form are charging representation prices for mail-forwarding. Three: How are fees structured, and what happens if the strategy changes mid-case? Defined scopes, written engagement terms, and a straight answer about hourly versus flat - evasion here predicts evasion everywhere.

Questions Four and Five: The Substance

Four: What is your actual assessment of my situation? A practitioner gives you paths and tradeoffs - agreement versus offer versus hardship versus statute strategy - with the honest caveat that transcripts decide it. A closer gives you one program, always the same one, regardless of your facts. Five: What should I do today, before hiring anyone? Real professionals hand out free value reflexively: request your transcripts, calendar that deadline, do not sign that consent. Script-readers cannot, because the script's only action item is the contract.

The Bonus Question That Ends the Interview

Ask: 'Is there a version of my situation where I should not hire you?' An honest practitioner says yes and describes it - the streamlined agreement you can set up yourself, the CP2000 where the IRS is right, the penalty abatement that is one phone call. I tell people not to hire me regularly; it is the cheapest credibility a practice can buy, and the firms that cannot afford it are telling you why. Bring all six questions to the free consultation here. I will answer them on the spot, and then we will talk about your case.

Bring this guide to your consultation.

Ask every question on the checklist, including whether you need to hire anyone at all. The first conversation is free.