Although current case law is divided regarding when an accountant is practicing law, this Article will explore different approaches to this problem. Specifically, Part II of this Article explores which entities control the regulation of the legal profession. Next, Part III examines the impact of the state courts on the issue of unauthorized legal practice. Part IV touches on the related issue of privilege and the treatment of attorney-client privilege in the context of tax practice. Further, Part V considers whether tax practice should be considered the practice of law, and Part VI of this Article examines the legal profession's obligation to regulate the practice of law. Finally, Part VII proposes new educational requirements and the establishment of a tax bar to assure the public of some minimum standard of education and competency in the area of taxation.

Publication Date


Journal Title

St. Mary's Law Journal

Document Type



Copyright 2004 St. Mary's University of San Antonio, Katherine D. Black, and Stephen T. Black

Additional Information

This manuscript was made available as Paper 1 in the Pierce Law Faculty Scholarship Series by NELLCO (nellco.org). The final version was published in Volume 36, Number 1 of St. Mary's Law Journal (2004).