A clear, IRS-aligned decision framework for when U.S. law firms should and should not issue Form 1099-NEC or 1099-MISC.
Law firm 1099 reporting is often misunderstood, especially when trust accounts, settlements, referral fees, and co-counsel payments are involved. This guide explains how current IRS rules apply specifically to the normal course of a law firm’s business.
You will learn:
When to issue Form 1099-NEC vs Form 1099-MISC
How entity type affects reporting, including attorney exceptions
How to handle settlements, judgments, and legal fees
Why trust accounting does not eliminate 1099 obligations
When refunds of legal fees are reportable and when they are not
How to avoid common over-reporting errors that create corrections and penalties
This resource is designed for:
Solo and small law firm owners
Managing partners
Firm administrators and operations managers
Bookkeepers and accountants serving law firms
It assumes no prior tax technical knowledge and is written in plain language, while remaining technically accurate.
A decision-tree flowchart
Law firm–specific situations covering:
Co-Counsel and Of-Counsel
Disbursements to clients
Payments from the IOLTA
Filing deadlines
Incorrect 1099 reporting can result in:
IRS penalties
Duplicate reporting
Client and vendor confusion
Time-consuming corrections
This guide helps law firms issue 1099s only when required, and avoid issuing them when they are not.
This material is provided for educational purposes only and does not constitute tax or legal advice. 1099 reporting obligations depend on specific facts, circumstances, and IRS guidance applicable at the time of filing. Consult a qualified tax advisor regarding your situation.