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Old 08-14-2009, 03:04 PM
 
759 posts, read 3,690,146 times
Reputation: 594

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I'm not even sure where to begin looking, so I was hoping my trusty "CD Friends" could offer up some advice! I'm going to try and make this as simple as possible.
My family owns a small company here in San Antonio. We also had a salesman up in Oklahoma City. We would purchase and manufacture inventory, ship it up to OKC and he would sell it, mainly to oil rigs. He would also (mainly) order in inventory, sending the bill to us, and sell it as well. This was a nice situation for all parties for a while. Then it became not so nice. We found out he was selling behind our backs and keeping the profit. He also claimed a few "big ticket" items were stolen, which we also have reason to believe he sold behind our backs and were not stolen at all. We decided to end everything in July. Our plan was to go up there, pack everything up and have it shipped down here. Well, he told us that if we came up there, there would be an ugly confrontation. Rather, he wanted to ship it back to us, Ya know, save us the hassle. I'm sure you can gather, he kept quite a bit of inventory and is now selling it on his own. We're talking ~$50K...+
So I contacted a lawyer in OKC who told me he would happily take my case for $15K retainer. I've also spoken with the police up there and they say I need an attorney that can practice in both TX & OK. I'm not sure how I would find one or what type of attorney I am even looking for. The $15K seemed really steep. We just want to get back what belongs to us and take whatever earnings he has made off of our inventory.
Any suggestions?
Oh, and yes, many lessons have been learned
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Old 08-14-2009, 04:11 PM
 
2,046 posts, read 5,588,373 times
Reputation: 1218
Why dont you call Roy Barrera Attorney at Law and if his company can not help ask who they recommend.
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Old 08-15-2009, 09:34 AM
 
Location: 281 north of 1604 - otherwise known as traffic hell
450 posts, read 1,599,386 times
Reputation: 181
your best bet is to go to the texasbar.com website and search for an attorney licensed to practice in texas who specializes in commercial litigation. You don't have to have someone licensed to practice in both - a tx atty can practice in any other state under a pro hac vice status. Of course, it wouldn't hurt to have one licensed in both, but it isn't a requirement.

One guy I can recommend in San Antonio (a lawyer I would call if I had an issue similar to yours (and I am a lawyer)) is Elliott Cappuccio. He handles all sorts of business litigation like what you are talking about and is currently working on several cases that sound quite similar to yours.

I will send you his contact information in a DM.

I could be wrong about this, but I think he is a bit more creative when it comes to billing as well.
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