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Legalinfomd
Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 150
Experience:  Attorney with 24 years of experience in business law.
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I need some advice. A CPA was hired a year ago by an attorney

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I need some advice. A CPA was hired a year ago by an attorney to do a business evaluation of my brother's business while he was going through a divorce because his wife felt that he was hiding money. Court ordered he put $6000 in a trust with her attorney to retain a cpa. He didnt have the money....so my mom had to do this. An engagement letter was sent to the attorney on May 19, 2011 with the request for $2500. On May 24th, the wife's attorney stated that the parties were going to try to work it out amongst themselves and to stand down and do no work until futher notice. At that time the attorney also sent the retainer check. The CPA's services were never used. In the divorce decree, the order stated the money would be negotiated by the wife with the CPA to get this retainer back and it would be returned to my mother. He stated he had already used all of the money???? And then after its all said and done, he already knew the ex wife. She worked for his parents!! They flew her to his wedding 2 months prior. That is an extreme conflict of interest, especially when he was going to be providing testimony. We contacted him trying to resolve this. He threatened prosecution. We spoke with his lawyer and explained that we just want a refund of the money...we even agreed to meet him halfway. A refund is in order because 1. he didnt do any work and 2. it was a definite conflict to engage in this to start with. I told him we wanted to try to work it with him first to avoid filing a complaint with the ethics board. He sent me an email today stating that he will not have money extorted from him and that if we proceed and file a malicious claim with the ethics committee he will hire an attorney and file charges against me, my mother and our business (we own a clothing store) to recover any damages that result from our claim. How is that right? So when someone has done something wrong you cant file a complaint because they are bullying and threatening you??
Submitted: 1 year ago.
Category: Business Law
Expert:  Legalinfomd replied 1 year ago.

Legalinfomd :

Hello. I will respond to your question.

Customer:

ok.


 

Customer:

do you need additional information? I was typing 90 miles a minute because I just received this threatening email.


 

Legalinfomd :

You certainly have the right to file suit to recover your money. Your claim would not be frivolous. You would have a claim against both the attorney and the CPA. As an alternative, you could report the attorney to the greivance commission, who would investigate the matter and possibly require the money to be reimbursed. You may also report the CPA to the board of accountants.

Legalinfomd :

i hope that this information has been useful. Please be sure to leave positive feedback for my response so that I will be compensated for my time. Thank you and good luck with your endeavor.

Customer:

I know that we have the right? I only went to the CPA several times to resolve it because I know that when a complaint is filed against someone, it really is difficult for them to resolve. I was trying to give him the benefit of the doubt. I think that its one thing to file a complaint just for the fun of it, but it seems my mother has valid reason. My issue is this.....does he have the right to file an action against us...against our business?


 

Legalinfomd :

Based upon what you have described, I do not see any cause of action he would have against you.

Customer:

Am i correct that it wouldnt be extortion to simply be asking for the money that was originally paid. I stated to him I wanted to approach him first before going for with a formal complaint.


 

Legalinfomd :

No, that would not be extortion. Extortion would be something such as you better pay me $10,000 or I will tell your wife that you were cheating on her. In this case you have a legitimate claim for return of your money. You are correct that it would be best to approach him first to try to resolve it without filing suit.

Customer:

OK. One more thing. Could he file an action against our business? Our store has nothing nor has had anything to do with this situation. Actually I have had nothing to do with this situation. I have simply been speaking as my mothers appointed representative.

Customer:

Is it lawful for his to make such threats???


 

Legalinfomd :

Anyone can file suit for anything. However, base upon what you have told me, if he did file suit against your business or you, he would not likely succeed. I do not see any viable cause of action he would have against your mother, you or your business. You should not be intimidated by his threats.

Customer:

ok...I feel like thats what he was doing. The only times we have had any communication is 1. he hung up on me. 2. an email saying he will have me prosecuted if I contact him again. 3. an email stating that he will file an action if the complaint is filed. That sounds like blackmail to me!! His father is an attorney and I guess it's just $2500. It just seems so wrong. Thanks

Legalinfomd :

I hope that this information has been useful. Please be sure to leave positive feedback for my response so that I will be compensated for my time. Thank you and good luck with your endeavor.

Legalinfomd, Attorney
Category: Business Law
Satisfied Customers: 150
Experience: Attorney with 24 years of experience in business law.
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