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My tax attorney did not do my taxes and refuses to answer my emails do I have any recourse?

Asked over 2 years ago - Burlington, MA

The IRS claims that I made more than I did years ago (1999) and I hired an attorney to help me figure it out...and help with tax returns. He claims that this took a lot of work and my invoice is up to $12,000.
Over the years he was supposed to be helping me file all my taxes and make sure all was in order. I sent his secretary what she needed. Now, I'm finding out that the returns were not prepared and not filed.
Now, about 6 years later, this is still a problem and my wages were garnished. I keep emailing this attorney and now his secretary just deletes my emails---I send with a read review to come back to me.
any recourse?

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Attorney answers (2)

Eric P Rothenberg

Reputation Level 10

Answered over 2 years ago. Tax Lawyer in Needham, MA.

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First, in MA you are always entitled to all documents you gave an attorney even if you owe them money. Second, you can sue that attorney for malpractice if it's within 3 years from the last date the relationship existed. Finally, as a tax attorney I can resolve the dispute you have with the IRS if you call me.

Eric P. Rothenberg

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Henry Daniel Lively

Reputation Level 20

Answered over 2 years ago. Tax Lawyer in Costa Mesa, CA.

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You should get your file and hire a new attorney. This attorney is not required to work for you for free. However, he should communicate to you that he is not your attorney and will not work for you until the bill is paid, if he has not done this already. Your tax returns cannot be filed before you sign them. The attorney can only prepare them and provide them to you for filing. If he is efiling you still need to sign the appropriate forms. The only way you have recourse is if the attorney did not properly disengage from you, or mislead you in some way. If this is true, you can file a complaint with the State Bar.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this posting provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this posting cannot be used to eliminate penalties with the IRS or any other governmental agency.

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