summon for a nuisance law suit

[Naveen Mohan from New York]

How do you handle if you receive a summon when you have not done anything wrong. Two partners are fighting and one partner's lawyer sent me a summon accusing me of being in collusion with the other partner to cheat his client when have not done anything of this sort.

do I have to go out and hire a lawyer or can I respond myself as Pro Se.

Thanks for your help.

Naveen mohan

[Guest Taxed]

Mr. Mohan, my suggestion is that you get your independent counsel because the accusation is that you are in collusion to cheat. You could get it really messed up legally for yourself if you make the wrong move without adequate legal training.

If you have E&O insurance, give them a call Monday.

In one of my divorcing clients situation i had received a subpeona to produce certain documents. No one was accusing me of cheating anyone.

Just adding to Mr. Pencil's comments. You will sleep much better once you know what you are up against and the attorney fees are deductible business expense.

[Mr. Pencil]

do I have to go out and hire a lawyer or can I respond myself as Pro Se.

You need a lawyer, at least for an initial consultation. The reason is because you think that "you have not done anything wrong."

I'm not saying you DID do something wrong,, just that you THINK it, Since that thought is a totally irrelevant distraction, you should not be thinking about it at this point. Go talk to a lawyer.

[mcb39]

How do you handle if you receive a summon when you have not done anything wrong. Two partners are fighting and one partner's lawyer sent me a summon accusing me of being in collusion with the other partner to cheat his client when have not done anything of this sort.

do I have to go out and hire a lawyer or can I respond myself as Pro Se.

Thanks for your help.

Naveen mohan

I am in the same boat with a couple who divorced in 2012. I am called to be a witness for the defendant as the x-wife is charging him with 16 counts of contempt. I won't go into details, but I am going willingly as we have been in consultation with an IRS agent regarding the tax return. We asked him what to say if they bring up the tax return again and he said, "Refer them to me!"

[Guest Taxed]

>>> We asked him what to say if they bring up the tax return again and he said, "Refer them to me!"

My experience with the IRS was totally opposite. I was told that they do NOT get involved in a civil litigation such as divorce proceedings. The attorney's can request transcripts with proper POA etc.

[Max W]

You may not have done anything wrong, but that will not stop the other side from trying to prove that you did. You have no idea what is in store for you when you are being sued.

The summons is most certainly for a deposition. At the deposition you will be asked all kinds of questions to try to draw you into a net. An experienced attorney at your side can keep you out of trouble. But, that will not be then end. After the deposition, you will receive another long list of questions - the Interrogatory.

From these, the opposing attorney will build his case and take it to court commissioner to show the need for a trial. If he is able to do that a trial date will be set. Depending on the court calendar, the trial might no take place for 2 or 3 years. Then, just prior to trial, there will be a settlement conference where the judge will mediate a monetary settlement. Failing that, the case would proceed to trial which could be by jury or only the judge.

The trial could last several days, longer if it involves jury selection. With all this in mind, you would have to decide at the settlement conference whether it is less expensive to settle out of court, or proceed, standing on principle, and be faced with mounting attorney fees.

Now, after trial, it may not be over yet. The other side could file an appeal and that could take another 4 to 6 years before that is decided.

Yes, it is a nuisance, but a very expensive one.

[Guest Taxed]

>>> Yes, it is a nuisance, but a very expensive one.

The attorney's clock is always running the moment they touch or speak or do anything regarding your matter.

[GeneInAlabama]

Looks like people need an attorney to protect themselves from the attorneys.

[easytax]

Looks like people need an attorney to protect themselves from the attorneys.

RUMOR has it that even with fleeing Europe, etc. because of religious persecution, the Pilgrims and "others" had a discussion on whether or not to allow "LAWYERS" to come to America ------ they decided yes AND we all lost ...

[Mr. Pencil]

one partner's lawyer sent me a summon accusing me of being in collusion with the other partner to cheat his client

Here's what you need to ask an attorney, that you can't figure out on your own. First, whether you are a defendant or just a witness. What information they are seeking. What information they already have. What questions are safe to answer. What questions you are not required to answer. What questions would be unethical to answer. What questions you can demand payment for answering (as an expert witness). What expenses you can demand payment for. How to schedule a reasonable time and place. Whether the interview will be recorded, by whom, and with what technology.

And then there are all the circumstances of alleged collusion. Start with your engagement letter (or if none then anything else that explains the relationship, such as correspondence, interview notes, invoice and payments, third-party referrals or info, etc.) Who your client was, one of the partners or the partnership as a separate entity. Whether your services included analysis or advice other than tax preparation. You should get legal advice on all of these things, even if you go to the actual deposition or trial on your own. Your lawyer's fees will be tax deductible, at least.