subpoena to produce documents

[khorshed]

I got subpoenaed to produce 2014, 2015 & 2016 Tax returns for one of my clients.

My questions are:

-I will be traveling on the court date, how can I communicate that to court?

-I already archived the above mentioned years (14,15 &16) and it will take me some time to make them available, again how can I communicate that to court?

- who should compensate me for my time. Of course my client doesn't want me to show up

[IRonMaN · Accepted solution]

Letters are still a pretty good way to communicate with someone, especially when the someone is a court.  As far as getting paid, maybe nobody.  You don't give a lot of information as to what the whole theater production is all about so we can't tell who, if anyone, is going to be opening up their wallets for you.

[abctax55]

The attorney representing YOU, provided by your errors & omissions insurance should be able to help with these questions.

Hopefully, you do have E&O insurance?

Not 'all' subpoenas have to be complied with; you may be doing your client a disservice if you blindly (without legal counsel) provide the returns.

@BobKamman ....  can you provide some insight?

[khorshed]

Yes, I do have E&O. However, it's not me who is getting sued, it's my client who's getting sued I am just a witness! 

In fact I asked my client if his lawyer can communicate with me, and so far I didn't hear from both of them.

Thank you 

[abctax55]

Based on my prior experience, your insurance company will want to know.

I understand YOU aren't being sued; neither was I.

[khorshed]

Got it. You're saying I should inform my E&O insurance with this matter.

Thank you Sir

[BobKamman]

Tried posting a reply and something popped up saying the message was not available.  

[PATAX]

ABC is a she, not a he. Don't worry about it though, I did the same thing with QB on this forum.

[IRonMaN]

It gets confusing sometimes if people don't use their real names here.  Not everybody here is like me using their real name - IRonMaN Jeffrey Rustbucket.  A lot of times folks just call me by one of my many nicknames - Iron, Man, Fe, Jeff, Rusty, or Buck.

[PATAX]

You can call me whatever you want, just don't call me late for dinner. Especially if it is lasagna, cabbage rolls, Lamb with lemon potatoes, stuffed tomatoes and stuffed potatoes baked , and I won't go on because it'll make me hungry.

[IRonMaN]

I think I would just call you Stuffed if you are eating all of that for one dinner.

[PATAX]

Getting hungry now. Might have to go get some salmon cooked with lemon. 

[sjrcpa]

Yes, ALWAYS inform your insurance carrier when you get a subpoena.

[Just-Lisa-Now-]

Wow, I couldn't produce tax returns back that far (assuming they were filed timely), are we supposed to keep things back father than 4 years?  2016 maybe, but 2015 and 2014. hit or miss what Ive still got

[PATAX]

@Just-Lisa-Now- Lisa, two of the factors that may determine this are the type of tax return completed, I.E. individual, business, rental, Etc, and what your state entity that you may fall under requires. Other factors may apply too.

[BobKamman]

I have pdf's going back to 1998 or so, but sometimes not the 1040s filed with extensions, or the 1065's and 1120's.  And of course that's usually what people need.  

As I was saying before Intuit decided not to let me answer the original question, what the client received was no doubt a "subpoena duces tecum," which means "bring some stuff."  And usually it's not the preparer they want, it's just the documents.  And a convenient time and method can be arranged to get it to the lawyer who asked for it.  But first the client should be made aware of the request, so they can challenge it.  That's why others are suggesting you call your E&O insurance carrier.  They want to make sure you don't get in trouble with your client by handing over something that is privileged.

Usually witness fees and copying expenses are paid to nonparties who respond to a subpoena.  There might have been information about collecting, served with it.  I think in federal cases they attach a check.  

[Accountant-Man]

CPA work product is typically NOT privileged.

Why doesn't the client produce the returns?

[BobKamman]

The issue is client confidentiality.  The returns may not be privileged, but their release may be contested by the client before a judge. 

https://www.blankrome.com/publications/obligations-produce-records-response-subpoena 

[PATAX]

@Accountant-Man I agree with you Dan, why doesn't the client produce copies of the returns? Why don't they get copies of the returns from the IRS? As you know we are required to give A copy of the returns to a client, that is singular not plural, unless of course there is a court order, and then we have to give another copy as far as I know. I agree with what Bob said too.

[khorshed]

the post still available

[khorshed]

Ye, they were filed Timely

[khorshed]

California Business & Personal 

[abctax55]

@khorshed 

This is NOT on-line chat, with Intuit (or anyone...).

I'm not sure what your last couple of posts are trying to convey - plus, YOU marked this a solved.

[Accountant-Man]

Yes, but they will be disclosed under a subpoena.