Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
I am looking for more time. I do not want to hand over the information they are asking for as the clinets will just use that information to Steal my clients and make even more money than they have, Also, I am looking to preserve my right to continue my lawsuit against them. I have a counter claim they know i will win, but since i have spent almost $50,000, i am out of money and they know it, so they are now pressing me for the info
Thsi is the email from the attorney:
As you know, you are required to produce certain documents pursuant to court order. In fact, the production is now overdue. In an effort to assist you in gathering what we feel are the "critical documents," below is a brief list of what we would prefer that you produce immediately. Of course, this does not mean that you need not produce the remainder of the documents requested back in September (37 categories) and May of last year (40 categories), but get the following to me in the next week: - All cell phone / land line records for the past 4 years; - All bank account statements for the past 4 years;- All Google Check Out / PayPal / or other merchant services records for the past 4 years;- All records evidencing payments, income or fees for the past 4 years; - All communications (including e-mails) referring or relating to work performed for the past 4 years;.
I have lots of objections. Get to the heart of the questions and stop stretching this out so you make money.How can i stall or delay the inevitable. These are not reasonable.
Chris,My apologies, I am not attempting to stretch it, I was simply trying to understand as much as I can before I could find grounds to object. Discovery, as a rule, can only be objected to if the scope of the information is unreasonable or otherwise beyond the cause of underlying suit. You haven't told me what the suit was about so I am going to have to guess that it has something to do with your business, such as a breach of contract or a breach of promise. In that situation their demands for business records, if those records somehow relate to the cause of action are absolutely reasonable and you cannot contest it. If they worked with you, or you were involved in some sort of a professional relationship with them for the 4 years, their 4 year request is likewise reasonable. If they were only with you for 6 months, for example, then you can potentially seek to minimize the scope to 6 months, but you would still be bound to provide them with records.Failure to do so would be potential contempt of court. In that situation the judge may award them attorney fees for pursuing your records, admonish, fine, or even jail you, or state that their version of the facts is what is valid since there is no evidence on your end to disprove their facts as you failed to provide records. I apologize for the unwelcome news, this is why I was asking for more information from you as based on your initial facts they have the right to all of the records listed as they would all relate to their cause of action. If any of my assumptions are incorrect, please let me know so I can re-evaluate, but so far I see no basis to contest other than potentially on the size and scope of the request.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).