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It there a conflict of interest prohibiting an attorney from…

It there a conflict...

It there a conflict of interest prohibiting an attorney from representing an LLC which has 3 managing members and two the managing members who own 50% of the LLC want to seek partition of the only asset of the business, a commercial building?

Lawyer's Assistant: Can you tell me what state the LLC is registered in?

California. Three brothers bought the building and they do not get along anymore.

Lawyer's Assistant: Has anything been filed or reported?

No.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The operating agreement says a majority of managing members can make decisions...so my potential clients are in the driver seat on paper, but the other member has adverse positions.

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Answered in 4 minutes by:
1/18/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Here the majority can hire you to represent the LLC only.You would advise the others here that you only represent the LLC and majority owners here.As long as you are upfront here that your client is the LLC and the 2 managing members have authority to hire you to represent you can do so.You would want to advise the other members that they may want to seek their own personal representation.

Make sure you have fee agreement with the two managing members and the LLC to get paid and that you strictly only represent the LLC and not them individually.

That should protect you.If a conflict arises you always have right to withdraw.But it is clear you only represent the LLC and its interests.

I appreciate the chance to help you today.Thanks.

If you can positive rate 5 stars it is much appreciated.

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,925
Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 7 months ago
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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