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Haigler CPA Group

Industries

CPA Services for Law Firms

Two things separate a law firm's accounting from every other professional practice: money held for clients that is not the firm's and never becomes its income, and income that arrives in lumps nobody can schedule. Keep those two straight and most of the rest is ordinary. Get either wrong and the correction is expensive.

Client trust money

Trust balances are not revenue and never become revenue

What sits in the trust account belongs to clients. Income is what the firm has earned and moved to the operating account, and the two accounts should never be reasoned about together. The bookkeeping that supports this is a ledger per client, a ledger for the account as a whole, and a reconciliation that ties both to the bank — performed on a schedule rather than when something looks wrong.

Retainers: held or earned

An advance on fees held for future work is not income until it is earned. A true retainer paid to secure availability can be income on receipt. Which one you have is decided by the fee agreement, and the bookkeeping should follow the agreement rather than the agreement being rationalized to match the bookkeeping.

Whose rules these are

The trust accounting requirements themselves come from the bar, not from us, and we do not interpret them for you. We build and maintain records that sit comfortably inside them and reconcile. If a rule or a lender requires an audited or reviewed financial statement, that is an attest engagement and we do not perform them — you would need another firm for that piece.

Contingency work: costs and uneven years

Costs advanced for a client are usually a loan

Filing fees, experts, depositions and records advanced on a case the client is expected to repay out of a recovery are advances, not expenses, and deducting them in the year they are paid is one of the most common and most expensive errors in plaintiff-side practices. Where the fee agreement makes repayment genuinely contingent on the outcome, the analysis is different — the agreement decides, which is why it is worth reading before the accounting method is set. Once returns have been filed on the wrong basis, the correction is a change of accounting method rather than a single amended year.

A year with one large fee in it

Estimated payments calculated from last year's income do not fit a year shaped like that, and the annualized installment method lets the payments follow the money instead. The levers that reduce the bill — the choice of retirement plan, the timing of deductible spending, sometimes the entity itself — only work while the year is still open, and a settlement that lands in November leaves very little room. A call when a case looks like it will resolve is worth more than a call in March.

How the firm pays its people

Partners are not employees

Guaranteed payments and distributive shares are generally subject to self-employment tax and are paid in through the partner's own quarterly estimates, not through firm payroll. Health insurance and retirement contributions run through a different route than they would for staff. A solo practitioner in an S corporation is on the other model entirely, taking reasonable wages before distributions — and the professional entity rules in South Carolina constrain who may own the firm in either case.

Of counsel, contract attorneys and co-counsel

Classification questions are the same as anywhere else and the answer is factual, not contractual. Reporting, though, is not the same as anywhere else: payments to a law firm are reportable even when the firm is a corporation, which is an exception to the general rule, and settlement money passing through to an attorney is reported differently from a fee paid for services. Missed forms here are penalised per form and per year, and they compound quietly.

Method of accounting

Most firms are on the cash method and should be — income when collected, expenses when paid, which fits a business that carries no inventory and collects slowly. There are constraints where a C corporation is in the structure or where receipts exceed the indexed threshold, and we check the current year's figure rather than working from a number that has since moved. Advanced case costs, as above, sit outside the cash method's normal logic and are the usual reason a firm's books and its return diverge.

What we do not do

We handle the firm's accounting and tax work. We do not give legal advice, we do not perform attest engagements, and we do not process payroll — though we will work with whoever does. Saying this at the start is more useful than discovering it halfway through an engagement.

Where this fits with the rest of the practice

  • Business Tax — partnership and corporate returns and compliance.
  • Bookkeeping Services — operating and trust account records, reconciliations and the monthly close.
  • Tax Planning & Advisory — estimated payments, entity choice and planning around a large fee.
  • Personal Tax — the partners' own returns, prepared alongside the firm's.

Law Firms: common questions

Trust accounts, advanced case costs, uneven fee years and partner pay.

Is money in my trust account income?

No. It belongs to clients and never becomes the firm's income. Income is what the firm has earned and moved to the operating account, and the two accounts should not be reasoned about together at any point. Law firms.

Is a retainer income when the client pays it?

It depends on the fee agreement. An advance on fees held for future work is not income until earned; a true retainer paid to secure availability can be income on receipt. The bookkeeping should follow the agreement rather than the agreement being reworded to match the bookkeeping. Law firms.

Can you audit our trust account for the bar?

No. We do not perform attest engagements. We can build and maintain records that reconcile and sit comfortably inside the requirements, but the requirements themselves are the bar's and we do not interpret them for you. Law firms.

Can I deduct case costs I advance for clients?

Usually not in the year you pay them. Where the client is expected to repay out of a recovery, the advance is a loan rather than an expense, and deducting it is one of the most expensive routine errors in plaintiff-side practice. Where the fee agreement makes repayment genuinely contingent, the analysis differs. Law firms.

We have been deducting advanced costs for years. Can we just stop?

Correcting it is generally a change of accounting method rather than one amended return, which is a filing with its own procedure and its own timing. It is worth doing deliberately, and it is much better done before an examination raises it.

A large contingency fee is about to settle. What can I still do?

Estimated payments calculated from last year's income will not fit, and the annualized installment method lets them follow the money instead. The levers that reduce the bill, including the choice of retirement plan and the timing of deductible spending, only work while the year is open. Call when the case looks like it will resolve. Tax planning and advisory.

How are partners taxed compared with employees?

Guaranteed payments and distributive shares are generally subject to self-employment tax and are paid in through the partner's own quarterly estimates rather than firm payroll. Health insurance and retirement run through a different route than they do for staff. Law firms.

Should a solo practitioner be an S corporation?

Sometimes. It changes the shape of the tax rather than removing it, and it comes with a reasonable compensation requirement, a payroll filing obligation and administrative cost. It is an arithmetic question about your actual numbers, not a rule of thumb. Entity choice.

Do I send a 1099 to another law firm even though it is a corporation?

Yes. Payments to attorneys are reportable even when the recipient is a corporation, which is an exception to the general rule, and settlement money passing through to an attorney is reported differently from a fee paid for services. Penalties here are per form and per year. Law firms.

Is of counsel an employee or a contractor?

It is decided on the facts, not by the title or the agreement. Who controls the work, whose resources are used and whether the person genuinely practices elsewhere all matter more than what the arrangement is called.

Can my firm stay on the cash method?

Most firms can and should, since a practice with no inventory and slow collection fits it well. There are constraints where a C corporation sits in the structure or receipts exceed the indexed threshold, and we check the current year's figure rather than work from an old one.

Do you give legal advice or work as our general counsel?

No. We handle the firm's accounting and tax work only, and we do not perform attest engagements or process payroll. Saying that at the start is more useful than discovering it halfway through. Law firms.

Talk to a tax expert

Tell us what you are dealing with and we will tell you how we would handle it.