logo
Schedule a consultation
CALL 561-734-5552
SELECTED BY HIS PEERS AS ONE OF FLORIDA’S ELITE LAWYERS
Business Litigation Attorney

Probate And Trust Litigation Attorney

read
read more

Business Litigation

read
read more

Government Relations and Land Use

read
read more
mid
Boynton Beach Probate and Trust Attorney

How a Boynton Beach Trust Attorney Can Help More Than You Think

Boynton Beach Probate and Trust AttorneyIf you are just getting involved with the estate planning process, then you might have come across the term “irrevocable trust” here and there. You have also likely heard that it’s often in the best interests of your beneficiaries to avoid probate. Probate is the legal process in the Florida courts where the property left behind after a person passes away is distributed to others.

In complex probate cases, or issues where there is confusion or disagreement about what was intended, you may need the insight of a Boynton Beach probate and trust attorney.

Visit here to read more about working with a Boynton Beach probate and trust attorney.

If There’s a Will, There MIGHT Be a Way…

If you or a family member leaves a will behind, then in most cases your property will be distributed according to your will, so long as that document is valid. If you have no will or if yours is determined to be invalid, however, the state has the opportunity to determine what happens to your property.

Probate can be an expensive and lengthy process, which is why so many people aim to avoid it by using tools like trusts.

How Trusts Work

In a trust, a grantor gives assets or money to a trustee to hold for distribution at a later time. This is essentially a gift designated for other people, to be distributed at the hands of the third party appointed as the trustee. You have a lot of flexibility in determining what kind of trust you set up, and this is something you can discuss with an estate planning attorney.

In most situations, you’ll need to consider the following factors to determine whether a trust makes sense and if so, what kind:

  • The amount of assets and type in the trust
  • Which individuals will receive assets from the trust
  • What the trust money should be used for
  • Over what duration and/or frequency assets from the trust should be distributed
  • When the trust distribution will start

Since assets put into a trust are already committed, they are not part of the probate process. This is one of the biggest reasons that people consider using a trust in the first place.

Learn more about trusts in Florida here.

Revocable or Irrevocable?

As the names of these trusts suggest, you have the option to choose a trust that you can change down the line or one that will remain the same as soon as it is active. If your trust is revocable, you can withdraw it or alter it any time that you wish. The same cannot be said of an irrevocable trust. Once it has been created, it cannot be terminated without the permission of the beneficiaries.

Do Estate Taxes Apply?

Bear in mind that assets put into a revocable trust could be subject to estate taxes. This is not true of assets in an irrevocable living trust. When an individual passes away, estate taxes could apply for the amount of remaining assets to be distributed to others.

Irrevocable trust assets are exempted and therefore not taxable, since the deceased person already gave up his or her ownership over those assets. Additionally, both of these kinds of trusts could be subject to income taxes, and you should consult with an experienced attorney and tax advisor to learn more about how this could influence your beneficiaries.

Working with a Boynton Beach Probate and Trust Attorney Can Help More Than You Might Think…

Determining that an irrevocable trust is right for you because of the tax implications and the fact that it keeps those assets out of probate is a decision that requires the insight of an experienced Florida attorney.

If you are a beneficiary or an estate administrator concerned about an existing estate or trust, or if you believe there are issues regarding a trust that has already been created, then a Boynton Beach probate and trust attorney can help to not only answer your questions but to also make sure your family’s rights are protected through the probate process.

Visit here to learn more about how a Boynton Beach probate and trust attorney can help.

Probate and Trust Attorneys

What is the Probate Process in Florida?

Boynton Beach Probate and Trust AttorneyWhen an individual passes away, his or her estate may move into what is known as probate. This is a process supervised by the Florida courts in order to identify and gather a deceased person’s assets, and also involves paying any of the decedent’s debts and distributing any assets to the beneficiaries of the estate.

The decedent’s assets are typically used first to pay for probate proceeding costs, then used to pay debts, and then the remainder is distributed to decedent’s beneficiary.

Visit here to learn more about the probate process in Florida with a Boynton Beach probate and trust attorney.

The Two Main Types of Probate Administration

There are two primary types of probate administration in the state of Florida: formal administration and summary administration. Here we will break down the two to make it easier to understand.

1. Formal Administration: An individual’s estate in terms of probate will apply specifically to probate assets. These are assets that the deceased individual owned in his or her name at the time of death.

Some examples of the most common probate assets include:

  • Real estate
  • Bank accounts
  • Life insurance policies

Some assets and property will automatically pass to others after the decedent’s death without going through the typical probate process These are known as non-probate assets.

The most common examples of non-probate assets include:

  • Trust property
  • Life estate deeds
  • Beneficiary designations
  • Assets and property owned jointly (with a surviving spouse or relative)

2. Summary Administration: This form of probate administration is shorter and only applies to situations when a decedent has been passed on for more than two years, or if the total value of the decedent’s property is under $75,000.

Learn more about the different types of probate and their processes in Florida here.

Is Probate Necessary?

Probate may be necessary to pass on a decedent’s assets to beneficiaries. Unless the will written by the decedent is admitted to the probate process in court, it would be considered ineffective to pass on ownership of assets to the beneficiaries. Without a will, probate is critical for passing ownership of any assets in the estate to the persons eligible to receive them under Florida law.

It is essential to use the probate process to conclude a decedent’s financial affairs after his or her death unless otherwise specified in the decedent’s estate planning strategies. The administration of probate helps to ensure that any creditors are paid as well.

One of the most common reasons that an individual’s estate will go into probate is because he or she passes away without a valid will. Only in situations where there are no heirs does the state of Florida have any rights to probate assets for an estate with no will.

Who is Involved in the Estate Process?

There are many different individuals who you could interact with over the course of managing an estate in probate.

This includes:

  • The circuit court judge
  • The named executor
  • The clerk of the circuit court
  • The attorney who provides legal advice to the personal representative over the course of the process
  • The individuals filing claims about debts
  • The Internal Revenue Service.

The decedent’s will and other documents associated with his or her estate are typically filed first with the clerk of circuit court, usually for the county in which the decedent lived at the time he or she passed away. This also involves a filing fee. After this point the clerk will assign a file number and keeps a record of all papers associated with this estate.

A Circuit Court Judge will be the one who presides over the proceedings. This judge is responsible for determining the validity of the will or evidence associated with the identities of the decedent’s heirs who would receive the estate.

A personal representative is the individual appointed by a judge to be in charge of managing the estate.

The various responsibilities of such an individual include:

  • Gathering and identifying probate assets
  • Paying any valid claims
  • Filing appropriate tax returns
  • Distributing assets to beneficiaries
  • Paying expenses associated with administering the estate
  • Conducting a diligent search to identify potential creditors
  • Closing the probate estate

Start the Process with a Boynton Beach Probate and Trust Attorney

Probate can take several weeks or several months depending on the complicated factors involved in a person’s estate. This is why it is a good idea to make plans ahead of time about how to handle your estate if you wish to save your beneficiaries the struggle of having to wait for the probate process.

Visit here to start the probate process with a Boynton Beach probate and trust attorney.

Fiduciary-Duty

3 Easy Examples of Fiduciary Duty You Should Read

Relationships can be a complicated subject depending on the parties involved and at what capacity. Some relationships are based on love, and some are contractual; and hopefully all are based on trust.

Fiduciary-DutySpecific relationships are defined by Florida law and provide that one or both parties have specific, legal duties to each other. In some instances, parties have what is called a fiduciary duty to another person, or other people.

Visit this site for a sneak peak on fiduciary duties in the state of Florida.

So, what exactly is a fiduciary duty? A fiduciary duty is one of the most elusive concepts in American law. Many legal analysts believe it is important to examine the relationships that have fiduciary “components” rather than attempt to define what a fiduciary duty actually is.

Essentially, a fiduciary duty is created when one person agrees to undertake a responsibility to act primarily for the other person’s benefit in matters related to that undertaking. A fiduciary relationship cannot exist when only one party wants it to exist—it must be a mutual agreement.

A person with a fiduciary duty to someone else must act in good faith, loyalty, and candor to the other person. When a fiduciary duty is created, the one(s) with the duty must not abuse that trust and must refrain from self interest. That means not exploiting a fiduciary relationship for the fiduciary’s own personal benefit.

Okay. Enough of the legal mumbo jumbo. Let’s go back to talking about relationships again for a second. One of the best ways to describe fiduciary duties is to look at what types of relationships create these type of duties. While some fiduciary duties may be determined to exist on a case-by-case basis, there are some relationships that alway create fiduciary duties.

Here are a few examples:

1. Attorney/Client Relationship: When an attorney/client relationship is established, the attorney must act in the client’s best interests and put the client’s interests ahead of his or her own. That means that an attorney cannot prolong a case simply to earn more money from the client.

2. Agent/Principal: When someone serves as an agent for another person, a fiduciary relationship is then established. A great example of an agent/principal relationship is between an athlete and his or her agent. A sports agent negotiates on his or her client’s behalf in order to obtain and negotiate the best possible deals for the athlete.

Anytime a contractual relationship exists where an agent agrees to act on behalf of his or her principal, a fiduciary relationship is created.

3. Corporate officer/Shareholder: Officers of a corporation, such as the president, vice president, secretary, etc., all have fiduciary duties to the corporation’s shareholders to act in the best interests of the shareholders. Corporate officers must act according to the shareholders’ (reasonable) wishes, which in the overwhelming majority of the time means making decisions that will maximize the shareholders’ profits.

Other examples of fiduciary relationships include trustee/beneficiary and executive/heir. Read here for more information and examples of fiduciary duties and relationships.

Getting Down to Business with a West Palm Beach Business Litigation Attorney

If you have questions regarding whether you owe a fiduciary duty to someone, or whether you believe someone breached their fiduciary duty owed to you, contact a business litigation attorney who has experience in these matters.

Fiduciary duties should not be taken lightly and if a court determines a fiduciary duty was breached, there will be significant economic and possible criminal consequences.

Visit Feaman Law for more information on working with a West Palm Beach business litigation attorney.

feamanlaw-call-to-action

Business-Litigation-Strategies

Business Litigation Strategies for the Entrepreneurially Challenged

When you are an entrepreneur, it should not be a simple decision to consider legal action in a specific matter. The process can take a toll on you personally, professionally, and even significantly consume your resources…more than you are probably prepared to deal with.

Business-Litigation-StrategiesTalk to a business attorney for more information, and to learn more about business litigation strategy.

Becoming a Business Control Freak: Once the litigation process begins, any business owner should be aware that they will be entangled in a potentially long and arduous process. In fact, the litigation process can be extremely difficult if the entrepreneur does not solicit the services of an experienced attorney. There are certain aspects of the legal process that can be controlled, but it is important to understand which are which…

While it may seem counter-intuitive, one way to approach—or try to avoid businesses issues as often as possible—is to become a business control freak. We don’t mean stoop to micromanaging or becoming a “penny pincher”, but we do mean stay organized, don’t ignore complaints—no matter how frivolous they may seem—and call a business litigation attorney.

Direct Planning for Dispute Resolution: In addition from being a long and sometimes arduous process, litigation can also be expensive. Therefore, working with the right attorney will help you to strategist and plan on the right dispute resolution.

Direct planning also means having a contingency plan if there are changes during the process. A good attorney will monitor the litigation process on a continuous basis. The attorney has to know how to adapt to any sudden changes and how to come up with an alternative plan should one plan begin to fail.

The attorney has to consistently measure the reality of the process against any plans made, adjusting the strategy on the basis of the changes that do occur.

The Assessment: For a dispute resolution to be effective, there is more involved than merely assessing the costs; it is also about executing a second level of assessment by getting to the core of how the litigation process will affect the company’s outlook strategically.

A good attorney will understand the strength in the arguments and how the strength relates to the objective of the overall business. Some of the essential questions to review in the process can include:

  • How much time will it take to develop the argument?
  • How long will it take to get the statements from witnesses and to research the case to find additional information for an early resolution?
  • Is the attorney in control of the evidence or does it need to be developed?

Managing the Dispute: It is important for the attorney to understand the effect of the lawsuit on your business. It is also critical to measure what it will cost in more than just a dollar amount. Consider different paths to a resolution and not just a courtroom win. A good attorney will know when to change directions if the particular strategy is getting too expensive or not working.

Making the Right Choices: When an entrepreneur has to go into litigation, the attorney-client relationship and excellent communication are important parts of the process. Therefore, making the appropriate choice of attorney will make or break the case.

Speak with a Business Litigation Lawyer

If you are thinking about to start a business as an entrepreneur, to understand the complexities of business law consult with a business litigation attorney today.

5 Reasons Why You Need a Business Litigation Attorney

There are many reasons why you need a business litigation attorney for your Florida business. Whether you have a large or small business, chances are you will need the services of a Florida business litigation attorney at some point.

Need-Business-Litigation-AttorneyHere are five reasons why you may need a business litigation attorney to help you with your operation:

1. Local, State, and/or Federal Regulations. . . Your Florida business must be organized somehow—whether it be a sole proprietorship, partnership, LLC, or an S-corp. You will need to comply with state regulations regarding the formation of your company, and likely need to obtain the necessary permits in order to purchase or build your facility.A business litigation attorney can help you deal with the state and federal requirements of your organization. An attorney will help you file all necessary paperwork with the Florida Secretary of State, and they can help you if problems arise.

Additionally, a business litigation attorney will help you navigate the maze of planning and zoning rules and regulations regarding your facilities—and any resulting problems that may arise.

2. Labor and Employment Issues . . . Chances are your business has some employees and/or independent contractors. There are many rules and regulations you must adhere to in the realm of labor and employment, which can include:

  • workers’ compensation insurance
  • unemployment insurance
  • contracts and agreements
  • benefits issues
  • fair wages
  • wrongful termination

For all of these issues, a business litigation attorney will help you protect the interests of your business.

3. Commercial Landlord-Tenant Agreements and Disputes . . . If you own space and rent it to residential and/or commercial tenants, you will need to comply with landlord-tenant laws. Also, your business itself may rent space from a commercial landlord. A business litigation attorney will help you negotiate a lease for space (for you or one of your commercial tenants) and will help you with any disputes that arise out of said lease.

4. Tax Issues . . . Personal income taxes are difficult enough, nevermind business taxes. It may be very difficult for you to understand exactly what taxes your business owes to the state of Florida and to the IRS. A business litigation lawyer will help you determine what records to keep and help you deal with any tax-related issues that may arise.

5. Intellectual Property Issues . . . Your business may develop and create a service or product that is unique to your company. Your business may own—or should own—patents, trademarks, and/or copyrights.A business litigation lawyer will be able to help you not only obtain these federal protections, but will also help you enforce these protections if another person or entity tries to steal or infringe upon your hard-earned intellectual property.

Call a Knowledgeable Business Litigation Lawyer

These are just a few examples of why you you should have a business litigation attorney to help with the myriad of issues that you may potentially face as a business owner. An experienced and knowledgeable business litigation attorney will help to make sure that you are making the best possible decisions for your company, and that you are adhering to any and all laws and regulations.

Related Post :

What is Healthcare Litigation?

Healthcare litigation” can involve many different things. One thing is certain, however, is that healthcare law can be extremely multifaceted. Not only must a healthcare litigation attorney be proficient in the law, but he or she must also be well versed in medical terminology, medical standards of care, and contract law.

Healthcare LitigationMoreover, healthcare litigation oftentimes involves the interpretation and enforcement of local, state, and federal rules and regulations.

Here are just a few subsections that make up what is known as healthcare law and litigation.

Medical Malpractice

Medical malpractice litigation arises when a patient brings a legal cause of action against his or her healthcare provider for providing (or not providing) medical treatment that falls short of the accepted medical standard of care. This highly complex type of litigation involves the testimony of expert witnesses and significant evidence gathering.

Click HereWhat is Medical Malpractice?

Advanced Healthcare Directives and Living Wills

Advanced healthcare directives and living wills determine what happens to you and your health if you are unable to speak for yourself. These heart-wrenching decisions must be made, and your directive and living will should provide definitive guidance to your loved ones and medical staff. Unfortunately, litigation may arise regarding your intent as related to these powerful documents.

Hospital-Physician Disputes (Including Covenants Not to Compete)

In today’s world, hospital-physician employment relationships are complicated. Sometimes, the hospital directly employs a physician. In other cases, a hospital may simply contract with a physician for his or her services. These relationship agreements include a number of terms and conditions, including covenants not to compete—that may require litigation to resolve.

Physician Licensing Matters

Just as physicians must study for and pass examinations to obtain their licenses, those very licenses may be taken away. Oftentimes, there is a legal dispute as to whether the relevant licensing board has the authority and justification to revoke or suspend a physician’s license based on a set of facts and circumstances. Litigation is often necessary to resolve these disputes, and attorneys with experience before licensing boards, committees, and courts are essential for both sides.

Fraud

Unfortunately, patients, healthcare providers, and hospitals have all been guilty of committing fraud in the past. And, these matters typically involve insurance companies and benefits. From a patient’s standpoint, lying to his or her health insurance company in order to obtain benefits can result in severe penalties, fines, and possibly prison.

Likewise, if a healthcare provider or hospital lies to insurance companies in order to receive unearned benefits – it is also very serious. In these instances, it is highly likely that litigation will arise in order to resolve the claims.

Speak with an Knowledgeable Healthcare Litigation Attorney

These are just a few examples of what comprises “healthcare litigation”. If you have any concerns or questions regarding your rights in this unique area of the law, it is important to contact a reputable attorney with experience in healthcare law right away. A consultation with a healthcare law attorney will provide you with the reassurance and information you need. Don’t lose sleep worrying about what is going on with your potential healthcare case. Work with an attorney who will protect and fight for your rights.

Also ReadThe Best Healthcare Litigation Tips You Will Read This Year

What You Should Know as a Commercial Landlord

Becoming a commercial landlord is a great investment opportunity and may allow you to pursue additional investments as time goes on. And even though leasing commercial space to tenants has its benefits, there are also some things consider carefully.

Business Litigation AttorneyIf you are a commercial landlord, or if this is a business opportunity you are considering, then here are some things you should know first…

The Devil is in the Details

Every commercial landlord-tenant relationship starts with a lease. As the commercial landlord, you are in a better bargaining position, generally speaking. If you have a hot property that you think you should have no trouble renting, you can include terms that are as favorable to you as you wish.

If you really need to get a tenant into your space quickly, you may have to include more tenant-friendly terms. Whatever the terms and conditions you wish to negotiate and include in your commercial lease – spell them out in detail! It is best that both parties know exactly and unequivocally what is expected of each side. Do not be ambiguous in contract language. Work with an attorney to ensure your lease says what you want it to say from the start.

Duration and Timing

Commercial leases are typically for longer durations than the standard one-year residential lease. This is because you, as a commercial landlord, probably do not wish to locate a new tenant every year. Similarly, your commercial tenant probably wishes to find a home for his or her business for longer than a one-year period. But, be careful about making the duration of the lease too long. If you and your tenant do not make a good match, you do not want to be stuck in a lease that doesn’t expire for several years.

Make Sure You Know About Your Potential Commercial Tenant

Many tenants wishing to rent commercial space are seasoned pros who are expanding their businesses and looking for bigger space. Typically, these types of tenants are doing well, are creditworthy, and have a history of paying their rent on time. Other times, potential tenants are just starting out and have not yet proven they can generate the type of income necessary to pay their rent. Conducting background checks, particularly credit checks, is a good way to weed out potential “problem tenants” before you enter into a lease agreement with them.

Know the Rules and Regulations Regarding Commercial Property

Both commercial tenants and landlords are subject to premises liability, as well as environmental and safety rules and regulations. You want to be sure you know what is taking place on your property so that you can ensure you are complying with all applicable federal, state, and local laws. If you have any questions about what you are liable for, contact a business litigation/commercial real estate attorney to discuss the issue in more detail.

Consult with a Business Litigation Attorney

There are many things to consider and be aware of as a commercial landlord. Whether you are deciding whether to purchase commercial property, entering into a commercial lease, or potentially evicting a commercial tenant, you should work with a business litigation attorney to discuss your rights and obligations. Don’t wait until a problem happens before planning for a solution!

Also Read :

How a Business Law Attorney Can Make Running Your Business Easier

Every business should have an attorney and an accountant. The accountant is obvious since this is the person to help you in setting up and maintaining your business accounts as well as ensuring your federal, local, and state tax returns are all prepared accurately and on time.

Business Law AttorneyBut a business lawyer is also necessary in providing essential help in the legal aspects of your business – from zoning requirements, business name trademark, incorporation, and potential lawsuits.

There are different types of lawyers, just as there are doctors who specialize in different areas of medicine. Many attorneys work within a specific field of the law. For example, there are attorneys that specialize in estate and wills, real estate, and, yes, business.

A business law attorney can help business owners handle various facets of business planning and legal issues associated with owning and operating a business. He or she can also position your business in the right organizational category, ensuring your business runs as smoothly and efficiently as possible.

Contract Management: For your business, you will definitely need an attorney who easily understands the nature of your business enough to give definitive advice on the operation of your individual business.

For example, a business law attorney can prepare basic contracts needed for clients and vendors. The attorney can also go over contracts sent to you by your clients or vendors and respond to them accordingly.

Organization: Your business law lawyer will help you to make the decision whether to organize the business as a sole proprietorship, partnership, or limited liability company. They will also help you with the needed paperwork required to establish the business entity.

Commercial Space: Most business attorneys will be able to help you secure commercial space for your office or store. The lawyer will draft and/or review the landlord lease to ensure that you are getting the best deal, negotiating where necessary.

Be aware that most commercial leases will usually provide more benefits to the landlord. However, all tenant contracts are negotiable and that is why you need an attorney on your side. They can prepare an addendum to the contract with provisions that benefit your business.

Business License and Taxes: Licensing and taxes for a business can be quite complex. Your attorney will make it easier for you because he or she understands the basic registration requirements mandated by federal and state laws. A business lawyer also understands the consequences related to any tax transactions and/or errors.

Speak with a Business Lawyer

Although no attorney knows everything about all areas of the law, most business law attorneys are familiar with a broad area of the business world. Don’t be intimidated by the complexities of business law, and consult with a business lawyer that specializes in this area to make managing your business easier.

Also Read :

3 FAQs About Condo Association Rules in Florida

Condo Association Rules in FloridaFlorida law regarding homeowners’ associations or condominium associations can be complicated. Often, these bodies want to implement certain rules or restrictions, but they may not be able to because of Florida statutes.

Here are a few of the most common questions that condo and homeowners have in regards to condo associations in Florida.

1. Can a Condo Association Charge a Resale Fee When a Condo Resells?

One of the most common questions that condominium associations ask is whether they can charge a resale fee or resale capital contribution whenever a condo owner resells their condo. For some, this a great way to increase revenue to help with projects that will benefit the whole community.

However, implementing this type of program is limited by statute in Florida. Associations can only charge a resale fee if the association must approve the sale in the first place. Even so, the charge cannot exceed $100 per applicant. However, even in this limited circumstance, there may still be restrictions.

2. Who is Responsible for Landscaping and Maintenance?

Gated community homes and condos where landscaping is provided by an association can sometimes have disputes over who is responsible for landscaping in certain areas. For example, where the residents are required to landscape their own yards, but the association maintains common areas, you may wonder who is responsible for maintaining the area between the sidewalk and the street.

Generally, you will need to look at plat information to make this determination. If that area is considered the homeowners’ property, then the homeowner should be maintaining the grounds. Plats can be hard to read, so using an attorney to make the final determination is generally a good idea.

3. Can Condo Associations Regulate Resident Behavior?

Some associations attempt to restrict what their residents can do while they are on their own property, but their actions might still affect their neighbors. Smoking and noise problems are good examples of where an association might try to regulate behavior.

Associations who are considering implementing rules like this should check with an attorney to determine whether they can legally establish these rules. It may depend on the association itself and what specific action they are attempting to regulate. Even where the association is permitted to pass this type of rule, they may be difficult to enforce. This might be frustrating for neighbors.

Finding Answers to Association Questions

Having an attorney to discussion common association questions is always a good idea. Each association is slightly different, so where one association is allowed to do something, the next association may be forbidden from taking similar action. It is important to get the advice of an experienced condo and homeowners associations attorney for your very specific association questions and concerns.

Also Read :

What to Do if You Suspect Your Business Partner is Committing Fraud

When someone forms a business partnership, the primary goal is usually to combine resources and talent to make a profit. However, there are times when things don’t go as first planned…

In some cases, a business partner may become greedy or lose sight of the initial goal. Loyalty is no longer a focus and the business partner might start stealing money from the joint business account.

In such a case, you have various legal options since the other partner has breached his or her fiduciary duty.

Business Litigation AttorneyThe Suspicion

If you are suspicious of fraudulent activity from a business partner, what do you do? Do you speak up right away or do you take an investigative approach? Which is better? It probably depends on the extent of the financial damage done. You also cannot assume anything until you know the facts for yourself.

Fraudulent Activities

It might be better to take a conventional wisdom approach by hiring a professional investigator in response to the . However, you should also understand the important steps to fixing the problem.

In retrospect, you should also be proactive in making sure that the fraudulent activity ceases right away unless you are going to set up a ‘one time’ sting operation after you get the facts from a private investigator.

Be aware…Fraudulent activities result from three distinct factors; namely opportunity, motive, and character.

Don’t Act Irrationally

Once you are aware of the fraudulent activity, try not to panic, even though, it can be quite scary and feel as if the rug is pulled from under you. You can also be tempted to retaliate irrationally by confronting your business partner as soon as you discover the disloyalty. However, it is better to plan on how you will handle it and then gather the evidence and assess the situation.

Remember, emotions are not going to help in this case; they will only make matters worse.

Approach and Investigate with an Attorney

Work with your attorney and your accountant to understand what happened, investigate, and approach the matter step by step. Then, organize your plan of attack with your attorney.

When approaching the investigation, assume that your business partner is innocent until you can proven otherwise. There could be an innocent explanation to disprove any suspicions of fraud. Record any exculpatory evidence found. Your investigation is going to be conducted on someone that you once valued and trusted.

Note that…Your business partner is the one with the most inside information to commit fraud and be caught in the misappropriation of funds. Be aware that most fraudulent activities end up more complicated than they initially appeared to be. Therefore, it is best to ask a business litigation attorney for help.

Confronting the Case

After a complete investigation, it is time to confront your business partner—but tactfully and with your attorney present. Depending on the case, it may also be best if your attorney manages all correspondence with your business partner and his or her attorney.

Contact an Experienced Business Litigation Attorney

Seek the help of a legal professional and don’t attempt any handling of this fraudulent activity on your own. Your next contact should be with an experienced business litigation attorney. However, the attorney’s job is of a high priority because fraudulent activity within the scope of a business partnership is filled with legal issues.

Also Read :