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Roger, Attorney
Category: Legal
Satisfied Customers: 30904
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Can an attorney refuse to correspond via email? Can he demand

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Can an attorney refuse to correspond via email? Can he demand that all communications be through the US Mail. This attorney represents a company that I am a co-owner in. He seems to be representing the founder and not looking our for my interests. Does he have the same responsibility to me as he does the founder? He has been paid with company funds and is also a co-owner. Is he in a conflict of interest?

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.

Thank you.

Kirk Adams : An attorney can refuse to communicate only through US Mail correspondence. It is unusual, but there's nothing that prohibits an attorney from limiting his/her communication method to letters via US Mail.
Kirk Adams : As for the lawyer's responsibility - - his fiduciary duty is to the client - - THE COMPANY.

Can he communicate with other co-owners via email and exclude me only?


If I have an issue with the founder and the way he his running the company, shouldn't the founder retain outside council?


Can this attorney take action against me?


I will be happy to pay more. The matter is a little more complex than we have discussed.

Kirk Adams : Sorry - I had to step away for a moment.
Kirk Adams : Yes, he could choose his method of communication with each owner, but it is a little unorthodox.
Kirk Adams : The lawyer/co-owner can represent the company as long as his interest in the company doesn't conflict with the best interest of the company.
Kirk Adams : If there ever comes a time when these conflict, then he would have to step away from being the company's attorney.

I am asking for an audit of the company and he is throwing up road blocks and using stall tactics. There has been a commingling of funds by the founder and another investor and they don't won't to turn over the nessecary docs.

Kirk Adams : Well, if he is stalling, you can hire an attorney on your own and file a lawsuit against the company for an accounting.
Kirk Adams : As a co-owner, you have the right to demand this, and the court should require the company to provide a reasonable accounting.
Kirk Adams : If the attorney is refusing to hide commingling of funds and other improper actions, this could be a serious problem.

It seems that he is representing the founder and not the other co-owners.

Kirk Adams : IF that's the case, then he's likely in breach of his fiduciary duty to the company.

Ok, Thank you for your time.

Kirk Adams : No problem. Glad to help.
Kirk Adams : THANK YOU for allowing me to assist.
Roger and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Are you in California. Would you be willing to write a letter on my and the other investors behalf to the founder of the company and the other investor in question? I can fill you in on the details if you agree to act on our behalf.

Hi John -

Unfortunately, we're not allowed to take on clients through this site, so if be unable to assist in that capacity.

However, you can find a local lawyer at
Customer: replied 3 years ago.

Thank you!

Sure. Let me know if you need anything further.