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I am currently in a business with a partner. I own 55 percent.

I want to split the...
I am currently in a business with a partner. I own 55 percent. I want to split the company to not be partners anymore, due to things that have been done without my consent or knowledge. We have a business lawyer that handles all of the legal matters to with the business. Is it possible to retain him as my personal lawyer to accomplish this? Or do I have to obtain a new lawyer that doesn't have anything to do with the business?
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4/14/2013
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Dear JACUSTOMER - It's possible but not likely since the lawyer will probably decline to represent you because of the conflict of interest. It is up to the lawyer to make the decision so you certainly can ask. The problem is that the lawyer has represented the interests of both parties with respect to the business and your intent is to have the lawyer do something in secret that affects the other partner. So my opinion is that the lawyer will not take the case. If you were asking the lawyer to represent you in some unrelated case such as a traffic accident or estate planning etc. I see no problem but this type of case is what ZI would consider as a conflict of interest.
Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27,690
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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