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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9077
Experience:  Since 1983
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I am about to finalise a contract for a distributorship/authorised

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I am about to finalise a contract for a distributorship/authorised dealer. I have been using a solicitor acquaintance who has a criminal law background.
I have been informed by the party I am signing with, that my solicitor has been in contact without my knowledge. I have written a letter to clarify that he should only contact the other party with MY written permission. He has objected to this.
I have asked for copies of the contracts and amendments to be given to me and he always has an excuse not to meet. I have tried to arrange meetings with my solicitor, myself and the person who is going to manage this venture and again, there is always an excuse. My questions are -
1) Do I have to use a lawyer/solicitor as a witness? If not, who can I use? I have to be honest, I don't want to use my solicitor as I feel he is trying to gain a part of the deal.
2) Should my solicitor be contacting the other party without my knowledge?
Submitted: 7 years ago.
Category: Business Law
Expert:  N Cal Attorney replied 7 years ago.
I have asked for copies of the contracts and amendments to be given to me and he always has an excuse not to meet. I have tried to arrange meetings with my solicitor, myself and the person who is going to manage this venture and again, there is always an excuse.
That sounds strange---

Do I have to use a lawyer/solicitor as a witness? If not, who can I use?
No any disinterested person can witness a signature. Important signatures are usually notarized.

2) Should my solicitor be contacting the other party without my knowledge?

Definitely not if oyu told him not to. Your lawyer is your agent and is bound to follow your instructions. If he refuses to follow your instructions, fire him immediately and get a lawyer who will follow your instructions. Especially if you feel that your lawyer is somehow trying to gain an interest in the subject of the contract, that is highly improper. I think you need a new attorney.

If you tell me your location I can look for a business law firm in that area who could assist you in finalizing your deal with the other party.
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