I've been served

[BHoffman]

Received a subpoena today!  Some guy is suing my client over some profit sharing thing over this one construction job.  I have to submit (by mail) to the plaintiff's attorney the financials, my invoices to the client, and some job costing work papers.

I sent a copy of the subpoena to my client and yelled at him over the phone that I did not appreciate being hauled into his mess.  On the advice of my attorney, I told him if he wanted to object to the subpoena then he would have to pay his lawyer to do that.  Otherwise I would be complying and sending off the requested documents.  I also spoke to the plaintiff attorney and asked why he wanted my invoices.  He said to see how much of my fees were allocated to that job.  None.  He was pretty nice and assured me that I wasn't under any threat.  My attorney assured me of same.

I am just livid.  

 

[Abby Normal]

http://www.journalofaccountancy.com/issues/2013/feb/20126773.html

[BHoffman]

Thanks for the helpful link!  I believe I am following the suggestions.  I prepared the info listed in exhibit A and will send copies to the client.  I have to respond to a valid subpoena and am not commiting any breach of confidentiality, right?  I did confer with my attorney.  He said this was no big deal.  I'll probably get in touch with my E&O insurance provider on Monday. 

I can't figure out how the plaintiff attorney even got my contact info.  He said he received nothing in the way of financial statements from the client.  I don't think there is any public record.  Hmmmm.  Oh well.

 

[NECPA in NEBRASKA]

When I received a subpoena regarding a client, I called my insurance company and they assigned an attorney to me that took care of everything. I didn't make a move without his OK. He really cut down on the information that they were requesting
 

[BHoffman]

Thanks for sharing your experience, and I will call first thing in the AM.