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