Best Accounting & Auditing Lawyers in Rochester

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Rochester, United States

Founded in 2012
English
The Seidell Law Firm, led by Seth T. Seidell, is a Michigan-based law practice specializing in employment law and business law for individuals and small businesses. The firm emphasizes practical, affordable legal solutions tailored to client needs in Oakland, Macomb, Genesee, and Wayne counties.In...
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1. About Accounting & Auditing Law in Rochester, United States

Accounting and auditing law in Rochester, New York, sits at the intersection of state regulation, federal securities law, and professional standards. Local firms and individuals must navigate licensing requirements, audit rules, and ethical obligations that govern financial reporting. Rochester businesses often rely on counsel to interpret GAAP, ensure internal controls meet standards, and respond to audits or investigations.

In practice, this area combines state licensure rules administered by the New York Department of Education and its Board for Public Accountancy with federal frameworks such as the Sarbanes-Oxley Act and audit standards set by the Public Company Accounting Oversight Board. Rochester residents and organizations also encounter tax and regulatory matters handled by state and federal agencies during financial reviews. A local attorney with accounting and auditing expertise helps translate complex requirements into clear next steps.

2. Why You May Need a Lawyer

  • Facing a New York State licensure or disciplinary action as a CPA in Rochester. If the Board for Public Accountancy alleges professional misconduct or license issues, a lawyer can review charges, gather evidence, and represent you in hearings or appeals.
  • Undergoing a government or internal audit of a Rochester business. If a municipal grant, university contract, or privately held firm is audited, counsel can handle record requests, prepare responses, and protect client rights during the process.
  • Dealing with a tax audit at the state or federal level. When the IRS or New York State Department of Taxation and Finance examines your books, an attorney can coordinate responses and issue resolution strategies.
  • Addressing suspected fraud or financial improprieties in a Rochester organization. A lawyer can conduct internal investigations, preserve evidence, and guide communications with authorities and stakeholders.
  • Negotiating settlements or penalties tied to auditing findings. If a client faces penalties or restatements, counsel can negotiate with regulators, auditors, or lenders to minimize impact.
  • Handling due diligence in Rochester-based business transactions. During mergers or acquisitions, a legal advisor with accounting know-how helps assess financial representations and audit reports.

3. Local Laws Overview

Rochester operates under New York state law and federal regulatory frameworks that govern accounting and auditing practices. The following are central to practicing in this area and are frequently encountered by Rochester residents and businesses.

  • New York Education Law and Board for Public Accountancy govern licensure, practice rules, and disciplinary procedures for CPAs and public accountants in New York. This framework shapes who may offer attest services in Rochester and under what standards. See the New York State Education Department for Board for Public Accountancy information and licensure requirements. op.nysed.gov/prof/pacpa
  • Sarbanes-Oxley Act (SOX) is a federal law that imposes internal control and reporting requirements on public companies and their auditors. SoX impacts Rochester firms with publicly traded parts or subsidiaries and governs management responsibilities and auditor attestations. See official guidance from the Securities and Exchange Commission (SEC) and the Public Company Accounting Oversight Board (PCAOB).
  • PCAOB Auditing Standards provide the auditing framework for public company audits in Rochester and nationwide. These standards are issued under the authority of SOX and are designed to promote accurate, independent audit reports. See pcaobus.org for current standards and updates.

New York CPA licensure typically requires 150 credit hours of education, successful passage of the CPA exam, and ongoing professional conduct obligations.
Source: New York State Education Department - Board for Public Accountancy

Federal regulation of audits for public firms is governed by the Sarbanes-Oxley Act and enforced through SEC oversight and PCAOB standards.
PCAOB and SEC guidance

Recent trends to watch in Rochester include heightened attention to internal controls, stricter continuing education requirements for license renewals, and ongoing updates to regulatory guidance on professional conduct. For the most current requirements, consult NYSED and PCAOB resources regularly.

4. Frequently Asked Questions

What is the role of an accounting and auditing lawyer in Rochester?

An accounting and auditing lawyer guides clients through licensing, audit disputes, and regulatory investigations. They advise on compliance with New York licensure rules, respond to regulator inquiries, and help structure internal controls to meet GAAP and SOX expectations.

How do I file a CPA licensure complaint in New York?

Begin with the Board for Public Accountancy through the New York State Education Department. Prepare a concise statement of facts, supporting documents, and contact information for follow-up. A lawyer can help organize evidence and communicate with the board.

What is the difference between a tax audit and an accounting audit?

A tax audit reviews tax liabilities and compliance with tax laws, while an accounting or financial statement audit assesses the accuracy of financial statements against GAAP. Tax audits focus on tax liability, whereas attest audits focus on financial reporting integrity.

How long does an audit dispute typically take to resolve in New York?

Resolution times vary by complexity and regulator workload. A straightforward licensing matter may conclude in months, while a formal dispute involving audits and restatements can take six to twelve months or longer.

Do I need a lawyer for a government audit of my Rochester business?

Yes. An attorney can prepare document requests, advise on privilege and confidentiality, and negotiate scope and timelines with auditors. They also help protect your rights during the process.

Is the Sarbanes-Oxley Act applicable to my private Rochester company?

SOX primarily applies to publicly traded companies and their auditors. Some private firms with external financing or investor requirements may face related internal control expectations or contract obligations, where counsel can help interpret applicable protections.

Can a lawyer help with internal controls documentation for an audit?

Yes. A lawyer can help design, document, and implement controls to address audit findings, regulatory expectations, and potential deficiencies. They also assist in defending management positions during regulator inquiries.

Should I hire local Rochester counsel or a statewide firm for accounting disputes?

Local lawyers often provide familiarity with Rochester regulators and courts, which can streamline communications. A statewide firm may offer broader resources for complex or multi-jurisdictional matters, if needed.

Do I need to prepare a deposition for an accounting dispute in Rochester?

Depositions may occur in disputes or enforcement actions. An attorney can coach you on questions, protect privileged information, and ensure your testimony remains accurate and consistent with records.

What is the typical cost range for accounting and auditing legal services in Rochester?

Costs vary by firm size, complexity, and timing. Expect hourly rates to reflect experience and market conditions in Rochester, with some matters open to fixed or phased fees after an initial consultation.

How do I differentiate between GAAP and GAAS in practice?

GAAP governs financial reporting standards, while GAAS defines audit quality and procedures. An attorney can explain how each applies to your specific engagement and what regulators expect in Rochester.

Can I represent myself in a regulatory accounting dispute in Rochester?

Self-representation is possible, but complex regulatory matters favor experienced counsel. An attorney can present evidence, negotiate, and protect your rights more effectively in hearings or adjudications.

5. Additional Resources

Access official government and professional resources to understand your rights, obligations, and the processes involved:

  • New York State Education Department - Board for Public Accountancy governs CPA licensure and disciplinary actions in New York. op.nysed.gov/prof/pacpa
  • Public Company Accounting Oversight Board (PCAOB) provides auditing standards and inspection reports for public company auditors. pcaobus.org
  • Internal Revenue Service (IRS) oversees federal tax administration, audits, and enforcement for individuals and businesses. irs.gov

6. Next Steps

  1. Define your objective. Clarify whether you need licensure help, an audit dispute, a tax matter, or a corporate governance issue. Write down the key outcomes you want.
  2. Gather relevant documents. Collect license records, audit reports, engagement letters, and correspondence with regulators. Having these ready speeds up the process.
  3. Identify Rochester area specialists. Look for attorneys with accounting and auditing experience in New York, specifically Rochester or nearby firms with relevant practice areas.
  4. Check licensure and disciplinary history. Verify attorney credentials and any disciplinary actions on the NYSED site and through reputable bar associations.
  5. Schedule initial consultations. Meet by phone or in person to discuss scope, strategy, and timelines. Ask about experience with similar Rochester matters and preferred communication styles.
  6. Ask for a written engagement proposal and fee structure. Request an itemized scope, anticipated hours, and a clear fee estimate before proceeding.
  7. Make a hiring decision and start the engagement. Upon agreement, sign a formal engagement letter and set milestones for deliverables and updates.

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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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