- 17 - credit, reputation, and business generally which might result from such a suit. Petitioner testified that he was new in the practice, that he thought he was going to lose clients because of the publicity, and that he would be held to a higher standard because he was in a position of integrity and trust. Petitioner also testified that the potential risk from the suit was treble damages and that "It wasn't worth it." We also think that a reasonable person, standing in the place of petitioner or the S Corporation, would have thought that the settlement with Color Q would be warranted in light of the exposure to damages from the suit. The record shows that the accounting firm, Arthur Andersen, performed an audit for Color Q which showed that Mr. Jeffcott had, inter alia, changed names on checks. Additionally, petitioner's counsel advised him to settle the claim, and that advice appears reasonable under the circumstances. In light of the S Corporation's potential liability for the damages from the suit, treble damages under the Ohio Corrupt Activities Act, the costs of the suit, and the attorney's fees, we conclude that petitioner's fears were reasonable. We think that a reasonable person would have thought that the settlement payment in the amount of $193,500 was less than the damages that could be assessed if Color Q's suit prevailed. Additionally, we conclude that there was justification for the belief that there existed sufficient exposure to liability that a compromise was necessary. Old TownPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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