We have a former client with under 10 employees (some HCE, some NHCE), who a adopted a DB plan in December 2004. I've seen the original signed documents. They left us in March 2005, or thereabout. They now have come to us like a prospect and they want to know if we'll help them set up a new DB plan, claiming they never adopted one in the past. I can think of no possible way, ethically, that we can ignore the prior plan and agree to take this on this as a client.

Comments?

FWIW - I would think that such an out and out lie as you describe is enough to discourage you from even thinking of taking them on again as a client. I know we would not touch this with a 10 ft. pole in our company.

my 2 cents

It depends. What did they say when you told them they already have a plan?

The (former) client stated that they decided they didn't want that plan and certainly didn't execute it.

edited:typo

Might be prudent to reconcile these statements. If not, then this may be a client you don't want.