Ex Client Litigation

[Gibbon]

Thanks for the answers fella's.
The ex - clients solicitors are sending me some questions they'd like me to answer so I'll think I'll take it from there. I think I could get screwed either way so I may as well answer the questions presented truthfully and not P*ss off the better and nearer future contract opps. It's not as easy as Monkey makes out as I work in narrow engineering market with only a few multinationals.

I really should get a plan B sorted.

Anyway I'm going to chill out in Rome and Florence next week and not going to give this a second thought.

[OwlHoot]

You could try contacting the non-payers and asking them what is wrong with the delivered product.

Speak to them as you are concerned that you have done something wrong as it goes to your reputation.

See if you can arbitrate between them without taking sides.

I definitely wouldn't contact the end client, because they might deliberately try to misrepresent what you say, or their understanding of it, and you could end up with both clients turning on you!

[vetran]

careful

Not been in this situation myself, IANAL etc.

If its gone legal do not get involved if you can avoid it. If you appear in court willingly the other side will strike you off their list. There must be a vital deadline for your current client you just can't miss.

If the end client was extolling your virtues in email or print then pass this on to the middle client, get them to ask for it if you can. Then if the end client finds out you can plead innocence.

If you can find out why the end client is unhappy without getting involved then great if not then don't worry. If it were actually you that was the problem then its likely you would know by now as someone would be after your Professional Indemnity insurance.

[TheMonkey]

Say "lick my crack", walk off and search for business elsewhere. Stuff like this can lead to publicity and bad mouthing which is worse than losing a couple of contacts.

[thunderlizard]

Maybe you won't annoy either of them, if you just go along and give your evidence impartially.

[vista]

Simple

Who's prepared to pay the most now or in the future

[The Lone Gunman]

You could try contacting the non-payers and asking them what is wrong with the delivered product.

Speak to them as you are concerned that you have done something wrong as it goes to your reputation.

See if you can arbitrate between them without taking sides.

[Mordac]

Also, if I'm called to court down in the smoke what kind of recompense should I be looking at and how can I make sure I'm not down there too long to p*ss off my existing client.

Your daily rate plus expenses (4* Hotel minimum, travel & parking etc.)
I would have thought one day would be enough for you to give evidence and be cross examined, although lawyers have a habit of waffling - a very profitable habit at the rates some of them charge. Remember you are offering your services as an expert - experts charge tuliploads.

[Mailman]

Either way you are going to p1ss one of these ex clients off

However, Id rather p1ss off the ones who arent paying than the ones who want to be paid simply because you now cant trust the feckers who havent paid up (how can you be sure they will pay you for any work you do?).

Not to mention it would be the "right" thing to do by testifying for the ones who want to be paid.

Mailman

[Gibbon]

Advice please learned people.

An ex-client has contacted me with view to me helping them in litigation against an end client who's refusing to pay for delivered software.

The reason they want me is that I was solely involved with integrating the new subsystems into the end client's existing soft/hardware. The integration went well with the end client extolling my virtues back to my client.

Subsequently the end client has terminated it's contract with my ex-client and outsourced it elsewhere and is refusing to pay for the delivered subsystems.

My problem is both clients are good sources of future contracts in a very narrow market and I don't want to p*ss either of them off. However saying that I have better relationship with my ex - client and it's nearer to home.

Also, if I'm called to court down in the smoke what kind of recompense should I be looking at and how can I make sure I'm not down there too long to p*ss off my existing client.