Miami, FL asked in Contracts, Business Law and Collections for Florida

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.

2 Lawyer Answers
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
Answered
  • Miami, FL
  • Licensed in Florida

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".

Good luck.

Bruce Alexander Minnick agrees with this answer

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Collections Lawyer
  • Tallahassee, FL
  • Licensed in Florida

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.

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