Wednesday, March 23, 2011

Not allowing the accountants to meet

One of the more frustrating aspects of this case was trying to get our forensic accountants to meet so they could compare numbers and agree on what the property division would be.  Normally, forensic accountants (in the course of settlement discussions) get together and compare their figures and how they come up with their numbers.

There should be no "bullying" or pressure tactics.  There should be an earnest effort by both sides to come to an agreement.

This is especially difficult when the attorney of the opposing counsel refuses to let the accountants meet.  Here is a copy of the letter from lawyer Barbara Hammers describing why she and her client to do not wish for the attorneys to meet:


This obviously was a huge roadblock to settling the case.  In fact, settling became impossible when the forensics weren't allowed to meet!

On August 5, 2009, here's what the Judge, Mark A. Juhas said regarding the accountants not meeting: (to see the trial transcript - click here)


In the end, we got sanctioned for not being cooperative in discovery?  The court system is hugely clogged right now, and I just honestly think sometimes the judges are so buried that its' hard for them to remember the details of cases by the time they issue their rulings.

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