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Showing 1 - 1 of 1 review | Ethics & Professional Responsibility

Posted by Cherie | July 02, 2018 | Hired Attorney | Ethics & Professional Responsibility

Failed to Represent us in DOR Audit

We hired Sterbick to handle a WA State DOR audit. We had many issues during the short time he was involved--which was midway through the audit. During the few months he was involved, Sterbick did not have a single meeting with us outside of the quick free consultation (which he later claims as a ch...arged item) where we paid him a flat fee of $2,000. He did not request or possess any of our business records. Instead we were responsible for gathering, pulling, scanning, copying hundreds of documents and provided it to him and/or the auditor directly. This should have been done by his office--we did pay them to do this work, but it all fell on our shoulders. John failed to provide the auditor documents at the one meeting he had with the auditor. We realized later and emailed them over to auditor. John failed to meet a deadline to submit documentation to DOR--despite the fact we had provided the info and docs over a week prior. I called and emailed to remind him--and finally he sent an email on deadline day stating he had met the deadline. We discovered later this was a lie. He did not and the auditor confirmed this. In fact, the auditor sent over a timeline of communication and also stated he had never received any documents by email at all from Sterbick. There was 1 fax the auditor received--it was duplicate info Sterbick had failed to give him at a previous meeting that I had already provided to the auditor by email. Sterbick also told the auditor false information that could have resulted in an IRS audit of our company if we had not caught it and cleared it up. Sterbick deleted pertinent questions the auditor had asked before forwarding an email to us--we saw no reason for this at all and it caused great confusion in the audit. Basically, Sterbick failed to do anything at all to represent us in this audit. We terminated our relationship, revoked the CTIA so he could no longer communicate with the auditor and requested a refund of $2,000. He asked why and we told him...these reasons and much more. I have all documentation to support my review and statements. Sterbick, to date, has refused to refund a single penny. We had hoped to hire another atty, but because Sterbick won't refund the money we couldn't. We continued handling the audit ourselves--which is what we were doing anyhow when Sterbick was involved--and we were able to bring it to a successful and satisfactory end. We would never refer anyone to this attorney. We were very displeased with his knowledge of the laws regarding the construction industry, a complete failure and lack of representation and the fact he demanded we do all the work that he was paid to do. We will be contacting the WA State Bar as well. If you need documentation supporting my comments, please contact me. I have it in print.

John Sterbick

Replied last July 02, 2018

Cherie, Thank you very much for sharing some of your thoughts about our relationship. I agree with you that this audit involved very complex tax issues. It did take a couple of weeks to research all the issues, including your theory that a truck ticket alone served as a contract. Unfortunately, the DOR was looking for a formal written agreement. I did meet with you several times including a visit where you delivered and explained 14 job tickets that were presented during the audit pursuant to the DOR’s request for a sampling. I did have an opportunity to review the box of documents that you originally left at my office, which you later picked up in order to hand pick the above referenced 14 job tickets. Your main argument was that you relied on audit instructions from a prior audit several years ago. Unfortunately, the laws changed and you failed to keep up. The DOR auditor provided me with three post assessment adjustments regarding the old audit plus the old narratives and schedules. It became obvious upon review that new law changes were not being followed. In conclusion, the issues were very complex and it was difficult to sort out your interpretation of the laws and regulations. The reason you were dissatisfied with me as your legal representative is that I disagreed with your interpretation of the new laws and agreed with the DOR. It is critical that anyone running a business in Washington State keep up with changes in the law and seek advise when he or she doesn’t understand them. The reason I refuse to refund the attorney fees is because I did everything you asked me to do and more. 1. Listen to the client describe the business and how it operates and the issues regarding the audit. 2. Reviewed all documents provided by the client. 3. Read all correspondence by the client, auditor and any 3rd party associated with the case. 4. Conduct research on any issue that is necessary to argue a position taken by the client. 5. Follow client’s instructions. 6. Forward any questions that the client wants submitted to the auditor. 7. Set up an appointment with the auditor. 8. Prepare for the audit. 9. Be available at the audit. 10. Present any documents to the auditor as provided by the client. 11. Be prepared to present and argue any position that the client wishes to be considered at the audit. 12. Do any follow-up after the audit meeting. 13. Forward any requests from the auditor. I asked you to review the above and have provided you with my time sheet, and let me know (specifically) what activities that I performed on your behalf that are not worthy of being compensated for. You have yet to respond. Again, I have some suggestions that would guarantee a positive result in the audit. If you are interested please give me a call.

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