Q: After years of a successful verbal partnership, what steps to take to ensure protection prior to confrontation on $ #s?
Have a verbal contract with years of recorded deposits proving the contract/agreement exists, some email evidence, but after realizing inaccuracies between their accountant's #s and my deposit #s vs our agreement, prior to confrontation or making them aware of suspicion, I need to consult an attorney to make sure I have everything in order. Advice on steps to take in procuring evidence, and starting litigation for potentially $100k+ difference.
A: Aside from your emails you must obtain as much information as possible regarding bank accounts and loans (bank statements, bank forms executed attesting to a partnership and the names of the individual partners, maybe even % of interest) , income tax records for past years, any contracts executed by the partnership, real estate leases, etc. Once you have obtained as much information as possible, or maybe even before, you can search for a local attorney specializing in business or corporate law by clicking on "Find a Lawyer".
Bruce Alexander Minnick agrees with this answer
A: Preparing to litigate the accuracy of a large number of dollar amounts against a CPA or an accountant or bookkeeper is not a task for untrained pro se litigants; nor is this kind of litigation designed for the faint hearted.
Here is the advice I usually give to all people who think they want to litigate pro se:
Pro se plaintiffs who are bright enough to hire a competent ADVISORY counsellor to ADVISE them (advising clients is a very different role than representing them in the case) about all the pitfalls--and thereby helping the pro se plaintiffs look like they know what they are doing--while at the same time helping the judicial system itself--usually win more cases than well-meaning pro se plaintiffs who think this litigation stuff is "so easy that anyone can do it."
Speaking from years of experience: This advice is especially relevant in your case because it is mostly financial in nature. Therefore, you should make sure the advisory lawyer you hire is very well versed in banking law and skilled in litigating very complicated financial cases as opposed to ordinary contract litigation not involving tons of figures.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.