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**phsyalcvqh** · 09-10-2009, 08:41 PM

This conversation sounds like the same kind of **** most people talk about with their accountants come tax season. Why is it shocking?

Everyone wants to know how to bend the tax laws if they're asking for tax advice. What would you suggest they do when she asks what to classify her work as -- put PROSTITUTE? Get real.

I honestly don't know what ethical standards or protections tax advisors have, but if I knowingly assisted concealment of a client's expected future crime (as opposed to merely keeping past acts confidential) and got caught, I'd be subject to disbarment at best and criminal prosecution at worst. If even a criminal defense attorney could go to jail for that conduct, how could a "tax specialist" not?

Do you really think the mere act of going to someone for tax advice automatically shields them from any and all liability?

Edit: in case this may be shocking to those who get their idea of professional ethics from TV:

Model Rule of Professional Conduct 1.2(d):

A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law.

http://www.abanet.org/cpr/mrpc/rule_1_2.html

09-10-2009, 08:41 PM	#10
phsyalcvqh Join Date Oct 2005 Posts 506 Senior Member	This conversation sounds like the same kind of **** most people talk about with their accountants come tax season. Why is it shocking? Everyone wants to know how to bend the tax laws if they're asking for tax advice. What would you suggest they do when she asks what to classify her work as -- put PROSTITUTE? Get real. I honestly don't know what ethical standards or protections tax advisors have, but if I knowingly assisted concealment of a client's expected future crime (as opposed to merely keeping past acts confidential) and got caught, I'd be subject to disbarment at best and criminal prosecution at worst. If even a criminal defense attorney could go to jail for that conduct, how could a "tax specialist" not? Do you really think the mere act of going to someone for tax advice automatically shields them from any and all liability? Edit: in case this may be shocking to those who get their idea of professional ethics from TV: Model Rule of Professional Conduct 1.2(d): A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. http://www.abanet.org/cpr/mrpc/rule_1_2.html
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