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I need a lawyer to review a partnership contract and a

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I need a lawyer to review a partnership contract and a response from my partner's lawyer and give me advice on what to do next.
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Answered in 2 minutes by:
2/25/2018
Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 2,104
Experience: Business law attorney with over 25 years experience
Verified

Hello. Let me see if I can assist. I am licensed business law attorney with over 25 years experience. Please post your question/issue and upload your documents for review.

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Customer reply replied 4 months ago
Thanks Lori. I've uploaded the contract plus the 2 responses I've received from Tauna's lawyer. I was angry at first, but now I just want her to split my real-world expenses which is a website and a few domain names. We did not incorporate but there was an assignment and promised deliverables. I completed all of mine. She also participated in giving feedback about the website, which we have since taken down. Would love your thoughts about whether I should sue for breech of contract in small claims court for half the $7500 - or if there is another solution. Thanks for your help!
Customer reply replied 4 months ago
The problem started when she started leaving me these weird messages on Skype saying she was having bad dreams and didn't feel we were raising enough money and she didn't feel comfortable introducing us to investors - and that she was going to move out of Boulder. Super strange. Added to that were her comments around not wanting to work or work hard. I had had enough.

Sounds like she has not met her obligations under the agreement and you have a claim for breach of the agreement. Also, be sure to enforce the non-compete provision in the agreement! Under the agreement you are required to attend mediation to work out your disputes. I would be sure to make your claims for breach and enforcement of the agreement in writing as a demand to the other side. They need to be part of the settlement agreement (if you choose to work it out before going to mediation).

The reason she (and her attorney) are claiming that the agreement is voidable for lack of consideration is so she does not have to abide by the obligations of the agreement and non-compete. You cannot enforce the agreement (breach and non-compete) if you settle and in the settlement agreement you state the agreement is void (as if it never existed).

To get her to pay expenses, she need to enforce the agreement - not void it.

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Customer reply replied 4 months ago
You're awesome. Can I hire you to draft the response?

thank you. Unfortunately, that is beyond the scope of this site. However, I am happy to review your letter and provide my comments if you upload the letter in a new question posted on this site. Just put "FOR LORI ONLY" at the beginning of the question and it will be directed to me.

As to the settlement agreement -- if you decide to mark it up and try and resolve the matter by the agreement -- be sure to delete that the agreement is voidable as part of the settlement. If that stays in you cannot enforce the terms and the non-compete.

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Customer reply replied 4 months ago
Thank you!

You are welcome.

please be sure to accept my response and post a positive 5-star rating.

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Customer reply replied 4 months ago
Just thought of a question - given that the company was not officially incorporated, does the non-compete still apply? They are claiming it does not.

Of course they are going to say that. The non-compete does not state that it is limited to competing with the "company" and the agreement is between the 2 of you. So I disagree, it is binding on the two of you.

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Customer reply replied 4 months ago
Awesome. I'm writing the response now - and will name you in my next question to work toward completing it. Thank you so much!

You are welcome. Please be sure to accept my response and post a positive 5-star rating.

Lori
Lori, Attorney
Category: Business Law
Satisfied Customers: 2,104
Experience: Business law attorney with over 25 years experience
Verified
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