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In our last thread, we discussed adding the full story to…

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Hi Roy.In our last thread...
Hi Roy.In our last thread, we discussed adding the full story to the "recitals" section of our agreement. I did that. I wanted you to read over it and make sure it sounds "official enough". I attached it in this email.Also, I wanted to figure out how to word the clause that states that we will hold back the $800 fee that the state requires all LLC's to pay unless she is able to complete her reviewing of the accounting and we are able to close out her investment and file a dissolution of the company before January 1st 2018. Do we need to add a clause for this? In what way would we do that? Please give us all the verbiage needed.Also, are you available to represent us?
Submitted: 7 months ago.Category: Business Law
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Customer reply replied 7 months ago
I forgot to add the document. Sorry about that. I just added it now.
Answered in 2 hours by:
11/20/2017
Business Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Business Law
Satisfied Customers: 1,382
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. I am reviewing now and will respond shortly.

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Customer reply replied 7 months ago
Ok. Thanks
Business Lawyer: Roy Hadavi,
 replied 7 months ago

I corrected some minor typos. See attached.

The language for the $800 should be something along the lines of:

CR will withhold payment of eight hundred dollars ($800) from the amount outlined in Section 3 while ZHANG reviews the accounting provided to her by CR, with such amount being withheld for the payment of franchise taxes. If ZHANG's review of the accounting extends beyond December 31, 2017, CR will use such withheld amount to pay the required franchise taxes for the 2018 year. If ZHANG's review of the accounting is finalized on or before December 31, 2017, CR will release the withheld eight hundred dollars ($800) amount.

Unfortunately I am not taking on new clients at this time. Please remind me: are you in Southern or Northern California?

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Customer reply replied 7 months ago
We are in Northern California. Sacramento California
Business Lawyer: Roy Hadavi,
 replied 7 months ago

Unfortunately, I am in Southern California and have no contacts in Northern California. Sorry.

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Customer reply replied 7 months ago
Should the verbiage about the $800 appear in the “recitals” section or in the “agreements” section?
Business Lawyer: Roy Hadavi,
 replied 7 months ago

Agreements.

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Customer reply replied 7 months ago
If we need to, how do we go about getting an attorney to take on our case without having to pay upfront but with intentions to get paid by the accusing party when they loose?
Customer reply replied 7 months ago
I am aware this may seem like an ignorant question. However, we’ve never had to do this before.
Business Lawyer: Roy Hadavi,
 replied 7 months ago

I would not expect someone that is not attorney to know these things. I completely understand your questions and they are completely reasonable.

Generally, attorneys only take on matters on contingency (they only get paid if you win), when you have a claim. That means either you are the suing party and you are suing for a certain amount of money or you are the party being sued, but you have a claim against the other party for a certain amount of money.

I am not sure that you will be able to find an attorney that will take on this matter on contingency, simply because of the nature of the claim. However, you may want to see if a local attorney is willing to meet wit you and assess the best course of action, if litigation arises. Most attorneys offer a free initial consultation, in order to assess the claims.

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Customer reply replied 7 months ago
How much could one expect to pay in this type of situation. I am aware that not all lawyers cost the same. But in a ball park range. What should we expect?
Business Lawyer: Roy Hadavi,
 replied 7 months ago

It really depends on how complex the matter and how complex the litigation.

But, an good litigation attorney will likely find a way for you to either file bankruptcy or close the business in such a way as to prevent her from pursuing this matter through litigation.

The cost of that would really depend on the strategy employed by the attorney.

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Customer reply replied 7 months ago
That may be true. But neither strategy would prevent her from pursuing litigation by trying to pierce the corporate veil, right?
Business Lawyer: Roy Hadavi,
 replied 7 months ago

Just the threat of bankruptcy may be enough for her to give up on pursuing litigation against you personally.

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Customer reply replied 7 months ago
Bankruptcy personally? Or the business bankruptcy?
Business Lawyer: Roy Hadavi,
 replied 7 months ago

Personally.

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