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Richard, Attorney
Category: Legal
Satisfied Customers: 55699
Experience:  Attorney with 29 years of experience.
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Can a lawyer who represents a client who is planning to sue

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Can a lawyer who represents a client who is planning to sue me contact a purchaser of a property which I'm selling and threaten them to withhold X dollars from the sales price, or they will try to collect that amount from that purchaser later on when there is a judgment?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good evening. Can you explain what kind of claim this client has against you? Do they have any kind of security agreement? Thanks.
Customer: replied 4 years ago.

I provided accounting and bookkeeping services to this client. I signed a recent contract to prepare two years of tax returns. The relationship was an abusive one and I opted out. The basis for a lawsuit is one issue, but my main question is can he try to collect money from my property purchaser, since his lawyer is threatening to do that?

Thanks so much for following up. He cannot. Until and unless he actually sues you and obtains a judgment against you, he cannot take any actions with regard to any of your assets, including trying to attach any closing proceeds from the sale of your property. Without a judgment, he can do nothing. In the meantime, if you think he has a valid claim and is likely to get a judgment, to protect your proceeds, once you close you might want to consider putting those proceeds and any other assets at risk into a family limited partnership. Carefully drafted, this converts assets that a creditor would find attractive to go after into a limited partnership interest with no control, no rights other than that of an assignment, no transferability, no marketability, and no right to distributions. The transfer is for fair market value…i.e., you are simply exchanging one asset for another of equal value to you. And, you maintain control through a general partnership interest that you control. Yet, when complete it essentially is an asset no one wants and thus the creditor is less likely to pursue the debtor. Family limited partnerships must be carefully drafted and one would need an attorney experience in this area to do so, but they can be a very effective method of asset protection.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 4 years ago.

So just to be clear, the third party (the purchaser and his broker) will not be able to be sued even though they were forewarned of a POSSIBLE lawsuit. Correct?

Thanks for your reply. That is correct. A possible lawsuit is meaningless. Without a judgment they can do nothing!
Richard and 2 other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Thank you very much. I appreciate it much. Case closed..

You're very's been my pleasure to help! :)
Thanks so much for the positive rating and bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: