Mr. Wondering and other MB'ers. Yesterday I had a situation that I have not ever faced before and I wanted some input from others here, especially those who are professionals.

I recieved a call yesterday from a new client asking me to prepare an opinion letter on an issue related to a division of assets for a divorce. This is nothing unusual for our office. I prepared the letter based on my best professional judgement but leaned towards the position of the client (my professional duty as an advocate). However, after I prepared the letter, I found out that the reason why he was getting divorced was because he had been cheating on his wife. As a BS, my gut became tied in knots. My work has the potential to reduce the amount of settlement that his wife gets in the divorce. Even though the work was good and I was unbiased when I completed it, I cannot help but feel terrible that I even took this case on.

I billed him double the normal rate for the work since he was a WS and told him that even though the opinion states that his position of value was reasonable that in the event that this matter went to court and that I had to testify that if asked my personal opinion that the contention made in the opinion letter would be on the high side of reasonable.

I know that I have not breached any of my professional ethics in this matter, but I just feel terrible. I could I suppose retract the opinion letter but in this small of a town, that would really raise suspicion with the attorneys and the judge and would not be in our firms best interest in the long term.

Any opinions on how that I should handle this? A part of me just wants to be punative against the WS. Can a be an advocate for someone I depise just because of what he did even though when I made my conclusions I did not know he was a WS?

NT

"I prepared the letter based on my best professional judgement but leaned towards the position of the client (my professional duty as an advocate)."

It sounds to me like you did the right thing. If everyone let their personal feelings influence them, how would a murderer ever get a good defense?

But I'm no attorney. Hopefully they will pop in.

Hi NT,
I have no knowlege of the law or legal ethics... just wanted to say "hi". I also have goosebumps right now because I haven't seen you around in awhile but I just quoted you on "Cruisgonebad's" thread on this page. And lo-and-behold, here you are! Hope you and your wife are doing well.
Take care,
--SC

...BTW, if you have the time, you might want to check out that thread. it's called "A FWW looking for advice... from anyone." Her BS is also posting there, and I bet you could be of help to him. <img src="/ubbt/images/graemlins/smile.gif" alt="" />

SC:

Good to hear from you. I just viewed the post over on Cruise. Eeirly similar to my own sitch. I will try and post to Todd and Cruise over there. As for you quoting me, I am honored. Didn't even remember saying that but it is true and sounded even better when I read it just by itself. Hope all is going well for you. Stay in touch.

Mr W;


I really would like your opinion on this since I value your thoughts. I know that I did the right thing but still feel terrible that I could have cost a BS several thousand dollars in settlement.

Why should I continue to be bothered about this? I feel like that I should contribute the excess fee that I charged to the BS recovery fund or something.

I don't know how in the world I totally missed this thread today. I must have had a mind fart. Did I say that out loud.

Anyway, I'll be back in a few minutes.

Mr. Wondering

Mr. Dubya:

ROFLMAO

I think a more professional and stoic description of that process would be as follows:

" An emission of noxious activity due to a temporary lapse of mental capacity due to cranious indigestion"

I got caught up tonight. Sorry.

I think you did what you had too. Somebody had to provide the service and marketing research has determined that one dissatisfied client tells 11 others of their dissatisfaction (unfortunately a satisfied client only tells one other person). It would have been great if you'd have known up front and perhaps shaved your estimate by a few hundred dollars...but that would have been unethical...(though just).

Reminds me of a story I slightly recall. I think it was either Emerson or [censored] Van Patton(jk) that when asked by his friend why he was sitting in a jail cell for some "just" political civil disobedience he had undertaken...he responded "why friend, you saw the injustice...why is it you are standing out there".

Oh how I wish I could be that brave...but sometimes we find it hard to get by in this world standing up for every principle and cause we can find. You'll end up in a jail cell, crazy or just broke if you try to fight them all.

Pick your battles carefully. Maybe for two years you will inquire of any such client that approaches you making the same request that such client should not be a wayward spouse. You make the inquiry up front and inform them you will refer them to another CPA within the firm because you will be unable to testify on their behalf nor participate in the illicit destruction of their marriage. You'll get the truth up front so your conscious doesn't weigh you down in the aftermath.

After 2 years, you may be shocked. You obtained more clients than less. Your practice may be blessed as the word gets out of your steadfast adherence to principle.


I don't know. However, the excess proceeds should be utilized to send me on a vacation. In the alternative, send a cashier's check or christmas gift to your clients betrayed spouse ANNOYMOUSLY next December, with a cursory slightly misleading explanation. Better yet, donate the money to a woman's shelter and take the tax write off. Alleviating yourself of the direct benefit is beneficial...the indirect tax write off is benign.

Good luck,

Mr. Wondering

Setting all printed Ethics rules of "reasonable diligence and promptness" aside, I don't know how you could really fairly represent this client.

Can't someone else in your firm handle the case?

(Just curious....didn't your engagement letter state your original rates? How did you change your billing rate?)