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1.What is a tax lawyer? A tax lawyer, or taxation lawyer as it is sometimes referred, falls under the specialization of Corporate and Commercial Law and are individuals who have graduated from an accredited law school, completed the articling program, passed the bar exam, have been issued a law license by their respective law society to practice law and have chosen tax law as their field of specialty. Many law students during their summer internships or articling program had the opportunity to work closely with a tax lawyer or within a law firm.s legal tax department or simply performed well in the required tax law course given in law school to later decide to specialize in tax law upon becoming a practicing lawyer. Although some taxation lawyers have continued with their legal education to further specialize in tax law, many tax lawyers have further obtained their knowledge of the Canadian taxation system on the job working for either a tax law firm or a law firm with an area specializing in taxation laws. 2.What does a tax lawyer do and what specific legal services can a tax lawyer or tax law firm provide?
Tax lawyers and tax law firms represent and defend the interests of individuals, businesses and organizations trying to make their way through the intricacies of
the Canadian or international taxation system. Tax lawyers can help their clients with preventative solutions, guiding them as to how best to conduct their
financial matters in accordance with international or Canadian tax laws to avoid problems with governmental tax agencies like the Canada Revenue Agency (CRA), the
federal agency responsible for administering Canadian tax laws. Tax lawyers also provide solutions after the fact, when a client has already experienced problems
or a dispute with a tax agency like the CRA, defending and representing the interests of their clients against the Canada Revenue Agency. 3.How can I find out if a tax lawyer is an accredited lawyer in "good standing" and allowed to practice in Canada?
The law societies of each Canadian province have a directory of lawyers where the public may perform an online search to see if the tax lawyer is
licensed and in good standing. There are thirteen law societies in Canada: 4.What is a law society?
A law society is an independent governing body for the legal profession for each Canadian province and territory. Law societies are formed
by provincial legislation and have the authority to determine the laws, rules and regulations by which legal professionals must abide. All lawyers must be members
in good standing of their respective law societies in order to be allowed to practice law. It is the responsibility of law societies to ensure that their members
meet the highest of professional standards to safeguard the interest of the Canadian people. When a law school graduate is .called to the bar,. he or she is
essentially presenting him or herself to the law society and applying for membership of that governing body. In order to be a member of a province's or
territory.s law society, the law school graduate must comply with the high standards, rules and regulations set out by each law society, including being an
individual of .good character and repute,. as stated in the Federation of Law Societies of Canada web site. To find out more information about law societies in
Canada, you may visit the Federation of Law Societies of Canada web site at www.flsc.ca or contact them at the following contact information: 5.What is the contact information for the law society of Quebec?
In the province of Quebec, the law society is called Barreau du Quebec: 6.What is the contact information for the Law Society of Alberta?
- Mailing Address for the Calgary Office: 7.What is the contact information for the Law Society of British Columbia?
- Mailing Address: 8.What is the contact information for the Law Society of Manitoba?
- Mailing Address: 9.What is the contact information for the Law Society of New Brunswick?
- Mailing Address: 10.What is the contact information for the Law Society of Newfoundland and Labrador?
- Mailing Address: 11.What is the contact information for the Law Society of Nunavut?
- Mailing Address: 12.What is the contact information for the law society of Ontario?
In Ontario, the law society is called the Law Society of Upper Canada. 13.What is the contact information for the Law Society of Prince Edward Island?
- Mailing Address: 14.What is the contact information for the Law Society of Saskatchewan?
- Mailing Address: 15.What is the contact information for the Law Society of the Northwest Territories?
- Mailing Address: 16.What is the contact information for the Law Society of Yukon?
- Mailing Address: 17.What is the contact information for the Nova Scotia Barristers. Society?
- Mailing Address: 18.Can I find out if a lawyer is undergoing disciplinary action by the law society or has had disciplinary actions taken against them by their law society?
Yes, you can find out if a lawyer is undergoing disciplinary action or has had disciplinary actions taken against them by their law society at the
lawyer.s law society. Many of the law societies. web sites will have a specific telephone number or email address where one can make this specific inquiry, or you
may simply contact them by calling their general telephone number or email address: 19.What is the difference between a lawyer and a notary public?
Lawyers are all university educated individuals who have gone through a rigorous selection, training and examination process to eventually earn
their law license to practice law. All provinces with the exception of Quebec require that students obtain an undergraduate university degree before being allowed
to even apply to law school. There are relatively few law schools in Canada, so the application and entry to law schools is quite competitive relative to the
number of people who apply. So, it is safe to say that most lawyers have studied for at least 7 years in an accredited university institution before being
permitted to write the very difficult bar exam, which must be passed in order to obtain a license to practice law. In addition, a student-at-law is also required
to complete a competitive articling program before the law society will even consider issuing him or her a law license. In fact, it is interesting to note that
lawyers are all automatically notary publics, something that cannot be said for notaries. 20.What is the difference between a tax lawyer and a chartered accountant (C.A.)?
The main difference between a tax lawyer and a chartered accountant or C.A. relates to their training and knowledge. Tax lawyers are specifically
trained in the area of tax law. Since their area of expertise is tax law, they will not only have specialized knowledge of the legal system as it pertains to
taxes, but tax lawyers will also be up-to-date on all of the newest tax laws and regulations as well as the latest court decisions and rulings . knowledge that is
crucial for the adequate defence of their clients. interests and rights. Chartered accountants, on the other hand, are mostly trained to count, analyze, record
and report on the financial matters of a business or individual. They obviously possess general knowledge of tax law but not to the same extent as a tax lawyer
especially as it pertains to the adequate defence of clients. rights in the face of a tax dispute with the Canada Revenue Agency. Moreover, and perhaps most
importantly, everything that is communicated to a tax lawyer, whether in a written or verbal form, is protected by lawyer-client privilege (or attorney-client
privilege as it is sometimes referred) and cannot be used against the client in a court of a law. Tax lawyers cannot be compelled to testify against anyone who
has consulted them on a legal matter, regardless of whether or not they are or have ever been an actual client of said tax lawyers. Chartered accountants and
other tax professionals are not afforded this protection and can be called to divulge information about their clients and even testify against their current or
former clients in a court of law. 21.What is the difference between a tax lawyer and a tax consultant or other tax professional?
Similar to the response given for the difference between a tax lawyer and a chartered accountant (C.A.), the difference between a tax lawyer and a
tax consultant or other tax professional lies in the training and depth of knowledge that is required of a tax lawyer to defend the rights and interests of their
clients in legal, tax-related issues. With a tax lawyer, one is assured that they have the education and training needed to handle all issues relating to tax law,
whereby one does not know the background or education level of a tax consultant. They may or may not have a degree in accounting. They may or may not have a
university degree at all! There is no authoritative body in place to ensure that those individuals calling themselves tax consultants or tax professionals have
the specialized knowledge needed to help those individuals or businesses dealing with a tax problem or tax dispute with the Canada Revenue Agency (CRA). Tax
lawyers, on the other hand, have to answer to their law society, an independent, governing body that has been formed via provincial legislation that gives the law
society the authority to issue and revoke law licenses. 22.How may I lodge a formal complaint against a tax lawyer?
Formal complaints may be made against a tax lawyer at his or her respective law society. The law society has the authority to investigate and
discipline the tax lawyer in question if the complaint is found to have merit. The law society even has the authority to revoke a tax lawyer.s law license if it
is so warranted. 23.Can a tax lawyer who holds a law license in one Canadian province practice law in another Canadian province? Tax law in Canada falls under federal jurisdiction, with the exception of Quebec, which means that tax lawyers who hold at least one law license from a Canadian province may practice law in all provinces regardless of whether they hold a law license in that particular province. 24.What is lawyer-client privilege (or attorney-client privilege or solicitor-client privilege, as it is sometimes referred?) Lawyer-client privilege or attorney-client privilege is a constitutionally protected, legal concept safeguarding all communication between a lawyer and his or her potential or actual client. The client is therefore free to consult a lawyer without fear that what is said can be communicated to others and can potentially be used against him or her in a legal proceeding. All communication between a lawyer and the person seeking advice from the lawyer, whether it is in in verbal or written format, is completely confidential, regardless of whether the individual hires the lawyer to represent him or her. Lawyer-client privilege also applies to former clients of said lawyers. In other words, any and all communication made to a lawyer for the purposes of seeking advice from the lawyer is permanently protected under lawyer-client privilege and can never be divulged without permission from the former, current or potential client, regardless of how much time has passed. |
