Have you ever wondered what all that legalese language is at the END of a lawyer’s email???

If you are like me you like short explanations and easy to read information. Many times we attorneys (yes.. me also) make it a lot more complicated than it has to be. If you notice at the end of a lawyer’s email there is a lot of language that no one reads, no one pays attention to and no one cares about. WHY do we put it there?

A few years ago Treasury issued proposed regulations (otherwise known as Circular 230). These regulations created havoc in the tax world because the regulations, in a VERY complicated fashion, provided guidelines for those individuals who practice in front of the IRS. Among the regulations is a process by which a client can and can’t depend on an attorney tax opinion to avoid penalties unless the client and the lawyer jump through certain hoops. One of the ways to get out of those “hoops” was to put language at the end of any tax communication that you can’t rely on it and it can’t be used for the avoidance of tax penalties. Because the rules were so complicated EVERY attorney and CPA started putting it on the end of their emails.

GOOD NEWS. Treasury finally realized that the disclaimer at the end of EVERY email that an attorney drafted was not solving any problems and we were all confused anyway so final regulations were published June 12, 2014 which simplified the procedure. This is what the regulations said about that language…

Many individuals currently use a Circular 230 disclaimer at the conclusion of every e-mail or other writing to remove the communication from the covered opinion rules in former §10.35. In many instances, these disclaimers are inserted without regard to whether the disclaimer is necessary or appropriate. These types of disclaimers are routinely inserted in any written transmission, including writings that do not contain any tax advice. The removal of former §10.35 eliminates the detailed
provisions concerning covered opinions and disclosures inwritten opinions. Becauseamended §10.37 does not include the disclosure provisions in the current covered opinion rules, Treasury and the IRS expect that these amendmentswill eliminate the use of a Circular 230 disclaimer in e-mail and other writings.

Now we can get rid of that language!. If you are REALLY interested you can read the new final regulations.

ADVICE: For those attorneys and CPAs out there review the new final regulations and make your emails shorter.
 
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