This article is cross-posted from my other blog, Nonprofit Update. It is posted here as well because it might also be helpful for your business clients. The article is focused on charities, but the same ideas apply to for-profit businesses: please try to stay out of court.
In my journeys as a CPA serving the nonprofit community, I’ve been able to observe one (or more) charity/charities that have been in court because of their involvement in civil litigation. The time and costs involved can be substantial if you find yourself in civil court.
I can’t talk about those situation(s) because of confidentiality rules.
There are several things an auditor would routinely do in such situations. The auditor would see the costs incurred from looking at the general ledger. Because of the possible financial impact, the auditor would have discussed the status of the case and possible outcomes with management, looked at legal invoices, and read the legal confirmation letter received from outside counsel. I can’t tell you what steps I took in any particular situation.
What I can say after seeing one/some specific situation(s) is that you should try really, really hard to stay out of court.
The costs can be high. The distraction for your leadership (and membership if you have members of some sort) can be significant.
One situation I can talk about
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